1. The Defendant shall deliver to the Plaintiff the attached list of real estate.

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

3...

1. Facts of recognition;

A. The Plaintiff was authorized by the head of Dong-gu Busan Metropolitan City on January 24, 2008 as an urban environment rearrangement project association established for the purpose of implementing an urban environment rearrangement project (hereinafter “instant project”) by using the area of project of 44,432 square meters in Seoul, Dong-gu, Busan as the project district.

B. After establishing the association, the Plaintiff was notified by the head of the Dong-gu Busan Metropolitan City, on July 12, 2017, of the approval of the implementation of the urban environment rearrangement project, pursuant to Article 74 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Do Government Act”), and was notified of the management and disposal plan on February 14, 2018, pursuant to Article 78(4) of the Do Government Act.

C. The Defendant is the occupying user of the real estate indicated in the attached list in the instant project zone (hereinafter “instant real estate”).

On December 10, 2018, the Busan Metropolitan City Regional Land Expropriation Committee decided the commencement date of expropriation as of February 7, 2019, and decided to expropriate the real estate of this case. On January 24, 2019, the Plaintiff deposited KRW 84,683,580 as the principal deposit, thereby making full deposit of compensation for losses arising from the above expropriation decision.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 3, Gap evidence 3, 4, 5, and 6, the purport of the whole pleadings

2. According to Article 81(1) of the Do administration Act, when a management and disposal plan under Article 78(4) of the Do administration Act is authorized and publicly announced, a right holder, such as the owner, superficies, leaseer, etc. of the previous land or building, may not use or profit from the previous land or building until the date of the public announcement of transfer under Article 54 of the Do administration Act, and the project implementer may use or benefit from the former land or building (see, e.g., Supreme Court Decision 2012Da62561, 62578, Jul. 24, 2014). Accordingly, according to the above facts of recognition, the Defendant is obligated to deliver the instant real estate to the Plaintiff, barring any special circumstances.