1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

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

3...

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and rearrangement project association approved by the head of the Nam-gu Incheon Metropolitan City, to implement a housing redevelopment and rearrangement project (hereinafter “instant project”) pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), which designates the 50,010 square meters of the day of Michuhol-gu Incheon Metropolitan City C, as a project implementation district.

B. The Defendant is a lessee of the real estate indicated in the attached list in the instant project zone (hereinafter “instant real estate”).

C. On May 7, 2019, the Plaintiff received a management and disposal plan from the head of Michuhol-gu Incheon Metropolitan City Office, and the management and disposal plan was publicly notified on the same day.

On May 18, 2020, the Plaintiff paid KRW 1,350,830 to the Defendant as a director fee.

【Ground for recognition】 Evidence 1, 3, 4, Evidence 5-2, Evidence 6, Evidence 7-3, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The gist of the party’s assertion is to seek the delivery of the instant real estate to the Defendant in accordance with the notice of the management and disposal plan, and the Defendant shall not deliver the instant real estate until he/she is paid the director’s expenses.

B. (1) Article 81(1) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor provides that “Any right holder, such as the owner, superficies, leasee, etc. of the previous land or building shall not use or benefit from the previous land or building until the date of public announcement of the approval of the management and disposal plan under Article 78(4), unless the approval of the project implementer is obtained or the compensation for losses under the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor is not completed.”

(2) As seen earlier, the management and disposition plan authorized by the Plaintiff was publicly announced on May 7, 2019, and the Plaintiff’s director fee against the Defendant.