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 the Housing Redevelopment and Improvement Project Association established for the purpose of implementing the Housing Redevelopment and Improvement Project with the area of a project implementation district of 41,900 square meters in Ansan-si, Ansan-si.

B. On March 30, 2017, the Ansan City approved the management and disposal plan of the Plaintiff’s housing redevelopment improvement project, and publicly notified the details thereof.

C. The Defendant is the owner of real estate listed in the separate sheet in the said project implementation district, and is the cash clearing businessman.

On February 28, 2018, the Gyeonggi-do Local Land Tribunal rendered a ruling of expropriation on April 14, 2018 with regard to the real estate, etc. listed in the attached list as the date of expropriation. On April 6, 2018, the Plaintiff deposited the full amount of compensation for losses under the said ruling of expropriation with the Defendant as the depositee.

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

2. Determination:

A. According to Article 49(3) and (6) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act”), when a management and disposal plan under the aforesaid Act is authorized and publicly notified and compensation for losses is completed due to the expropriation of land, etc., the use and profit of the right holder, such as the owner, lessee, etc. of the previous land or buildings in the project implementation district shall be suspended and the project implementer may use and profit from such land or building.

In light of the above legal provisions, after the management and disposal plan regarding the housing redevelopment project was authorized and publicly announced, the Plaintiff acquired the right to use and benefit from the said real estate as the project implementer (see Supreme Court Decision 2014Du43387, Mar. 30, 2017) and the Defendant’s use and benefit was suspended, barring any special circumstance, the Defendant is obligated to deliver the said real estate to the Plaintiff, unless there is a special reason to the contrary.

B. The defendant's assertion