The defendant shall deliver to the plaintiff the second floor of the real estate stated in the attached list.

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

1. Basic facts

A. The Plaintiff is a housing redevelopment and rearrangement project association that has obtained authorization to establish an association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of housing redevelopment and rearrangement project (hereinafter “instant project”).

B. On September 21, 2018, the head of Seogu Metropolitan City rendered a disposition of approval for the management and disposal of the instant project, and publicly notified on October 1, 2018.

C. On March 19, 2004, the Defendant completed the registration of initial ownership of the real estate indicated in the separate sheet (hereinafter “instant real estate”) located in the project implementation district of this case, and currently occupies the second floor of the said real estate.

On June 25, 2019, the Daegu Metropolitan City Regional Land Expropriation Committee decided to expropriate the instant real estate on August 9, 2019.

E. On August 9, 2019, the Plaintiff deposited KRW 548,956,100 of the compensation determined by the above confinement ruling with the Defendant as the principal deposit.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 4, evidence 5-2, the purport of the whole pleadings

2. The assertion and judgment

A. According to the main sentence and proviso of Article 81(1)2 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor, any right holder, such as the owner, superficies, leasee, etc. of the previous land or structure, may not use or profit from the previous land or structure until the date of public announcement of the approval of the management and disposal plan, unless the compensation for losses under the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Land Compensation Act”) is completed.

In addition, according to Articles 40(1), 45(1), and 43 of the Land Compensation Act applied mutatis mutandis in accordance with the main sentence of Article 65(1) of the Urban Improvement Act, a project operator shall pay the compensation adjudicated by the competent Land Tribunal by the commencement date of expropriation or use, and shall accept the compensation.