The defendant shall deliver to the plaintiff the buildings listed in the attached list.

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

3.Paragraph 1.

1. Facts of recognition;

A. The Plaintiff is the Guro-gu Seoul Metropolitan Government Housing Reconstruction and Improvement Project Association that obtained authorization for the establishment of the Gu on June 24, 2014 from the head of the Gu-ro with the size of 13,090 square meters as the prospective project implementation area, and the authorization for the establishment of the association on July 27, 2017.

The Plaintiff was authorized to implement the project on December 20, 2017 by the head of the Gu-ro head of the Gu, and was authorized to implement the project on August 12, 2019.

The management and disposal plan was announced on August 16, 2019.

B. D on June 27, 2014, leased from E buildings listed in the separate sheet (hereinafter “instant building”) located in the project implementation district.

The Defendant leased the instant building from D with the consent of E on September 15, 2014, and thereafter occupied the instant building from around that time.

[Reasons for Recognition] Facts without dispute, Gap 1 through 6 evidence, Eul 1 and 2 evidence, the purport of the whole pleadings

2. Determination

A. When the management and disposal plan is publicly announced, a right holder such as a lessee of the previous land or building can not use or profit from the previous land or building until the date of the public announcement of the transfer (the main sentence of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents). Barring special circumstances, the defendant is obligated to deliver the instant building possessed by the defendant to the plaintiff

B. A summary of the Defendant’s assertion 1) The project implementer is obligated to compensate the lessee whose right to use and benefit has been restricted, and the Plaintiff did not compensate the Defendant for any business loss, so the Plaintiff cannot seek the delivery of the instant building against the Defendant. (2) Article 81(1)2 proviso of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents provides that “If the compensation for losses under the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor has not been completed, a right holder, such as a lessee, may still use or benefit from the previous land or