1. The Defendant shall deliver to the Plaintiff the real estate listed in the [Attachment 6] list.

2. The costs of the lawsuit are assessed against the defendant.

1. Facts of recognition;

A. The Plaintiff is a housing reconstruction and maintenance project association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) that promotes a reconstruction project for multi-family housing and ancillary facilities on the site of Gangnam-gu Seoul Metropolitan Government Seoul, Seoul, Seoul, which is a lessee of the real estate as stated in paragraph (1) of this Article (hereinafter “instant real estate”) located in the site of a reconstruction project.

B. The Plaintiff received the authorization from the head of Gangnam-gu Office to establish an association on October 14, 2003, the authorization to implement the project on April 28, 2016, and the authorization to implement the management and disposal plan on April 6, 2018, respectively, and the head of Gangnam-gu notified the head of the management and disposal plan on April 13, 2018.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 5, Gap evidence 7-6, the purport of whole pleadings

2. Determination

A. Article 81(1) of the Urban Improvement Act provides that "Any right holder, such as the owner, superficies, leaseer, etc. of the previous land or building, shall not use or benefit from the previous land or building until the date when the approval of the management and disposal plan is publicly notified pursuant to Article 78(4)." Thus, the Defendant, a lessee of the instant real estate, cannot use or benefit from the instant real estate, and the Plaintiff, a project developer, can use or benefit from the instant real estate.

Therefore, the defendant has a duty to deliver the real estate of this case possessed by the plaintiff.

B. As to this, the defendant asserted that the plaintiff's union members were in violation of Articles 43 and 81 of the Urban Improvement Act, and they were suffering from mental, physical and monetary suffering, and therefore, they cannot respond to the plaintiff's claim, but there is no evidence to acknowledge it.

3. citing the Plaintiff’s claim for conclusion