1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

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

3...

1. Facts of recognition;

A. On March 12, 2012, the Plaintiff is a housing redevelopment and consolidation project association that obtained authorization to establish an association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) from the head of Yeongdeungpo-do Busan Metropolitan City head of the Gu as the project implementation district with the land size of 65,557 square meters.

B. The Defendant is the owner of the building indicated in the attached list in the above project zone (hereinafter “instant real estate”), and is the member who applied for the parcelling-out to the Plaintiff on July 7, 2017, within the period for application for parcelling-out as notified by the Plaintiff.

C. The head of the Young-do Busan Metropolitan City approving the management and disposal plan on December 4, 2017, which was after the project implementation authorization was granted to the Plaintiff, and publicly notified on December 13, 2017.

On December 10, 2018, the Busan Metropolitan City Regional Land Expropriation Committee decided to expropriate the Defendant on December 10, 2018, with the compensation for losses of 37,610,00 won (= KRW 16,670,00 for the relocation of facilities of 20,940,000 for business losses) and the starting date of expropriation as of February 7, 2019.

E. On February 2, 2019, the Plaintiff deposited the aforementioned compensation for losses with the Defendant as a depositee, as Busan District Court No. 455, 2019.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 7

2. Determination

A. Article 81(1) of the Act on the Determination of Claims provides that “Any right holder, such as the owner, superficies, person having superficies, leasee, etc. of the previous land or building shall not use the previous land or building or profit therefrom until the date of public announcement of transfer under Article 78(4) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor, if 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.”

However, on December 13, 2017, the head of Yeongdeungpo-do Busan Metropolitan City announced the management and disposal plan.