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

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

1. Facts of recognition;

A. The Plaintiff is a housing reconstruction and improvement 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 its appurtenant facilities on the site of Gangnam-gu Seoul Metropolitan Government Seoul Seoul Seoul Seoul Seoul Seoul Seoul Seoul House District, and the Defendant occupies and uses the real estate in the attached list of real estate located in the site of the said reconstruction project (hereinafter “instant real estate”).

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] Each entry of Gap evidence Nos. 1 through 7, the purport of the whole pleadings

2. Determination

A. Article 81(1) of the Urban Improvement Act provides, “A 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 of public announcement of the approval of the management and disposal plan under Article 86, if there is a public announcement of the transfer and disposal plan under Article 78(4).” Thus, the Defendant occupying and using the instant real estate cannot use or benefit from the instant real estate, and the Plaintiff, who is the project implementer, can use

Therefore, the defendant is obligated to deliver the real estate of this case that he occupies and uses to the plaintiff.

B. As to this, the defendant asserts that the plaintiff's union members committed an illegal act, the plaintiff's fault and aggravated the defendant's disease due to the plaintiff's mistake, and the plaintiff's compensation for damages or losses should be paid from the

Plaintiff’s members committed an illegal act.

There is no evidence to prove that the plaintiff's mistake caused illness to the defendant, and the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects is applied to general housing reconstruction projects.