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 reconstruction and improvement project association that obtained authorization from the head of Seocho-gu Seoul Metropolitan Government under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on March 9, 2015 to implement a housing reconstruction project (hereinafter “instant rearrangement project”) in Seocho-gu Seoul Metropolitan Government.

B. The head of Seocho-gu Seoul Metropolitan Government approved the project implementation plan on July 13, 2016 to the Plaintiff, and approved the management and disposal plan on December 21, 2017, and announced it on December 28, 2017.

C. The real estate listed in the separate sheet is located in the Plaintiff’s project implementation district, and the Defendant occupies the real estate listed in the separate sheet (hereinafter “instant real estate”) as a lessee, and the Plaintiff completed the registration of transfer of ownership on December 27, 2018 for the instant real estate due to the trust held on December 25, 2018.

[Ground for recognition] Unsatisfy

2. Determination

A. The text of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions provides that “Any right holder, such as the owner, superficies, person with 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 transfer under Article 86, if the approval of the management and disposal plan is publicly notified under Article 78(4).” Thus, when the approval of the management and disposal plan is publicly notified, the use or benefit of the right holder, such as the owner, superficies, leasee, etc. of the previous land or building, shall be suspended, and the project implementer may use or benefit from such plan (see, e.g., Supreme Court Decision 2009Da53635

According to the above legal principles and the above facts of recognition, the defendant, who is the lessee whose use or profit from the instant real estate has been suspended as the management and disposal plan for the instant rearrangement project was publicly notified, is a project implementer, barring any special circumstances.