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 Seongbuk-gu Seoul Metropolitan Government Housing Redevelopment and Improvement Project Association established to implement a housing redevelopment and rearrangement project with the size of 89,853m2 as a project implementation district of Seongbuk-gu.

The Plaintiff was authorized by the head of Seongbuk-gu Seoul Metropolitan Government to establish an association on April 21, 2009, the authorization to implement the project on April 4, 2013, and the management and disposal plan under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on December 22, 2014.

The head of Seongbuk-gu Seoul Metropolitan Government publicly announced the management and disposal plan on December 26, 2014.

B. The Defendant owns the real estate in the attached list located in the project implementation district (hereinafter “instant real estate”).

C. As the Plaintiff did not consult with the Defendant on the compensation for loss, the Plaintiff filed an application for adjudication on the compensation for loss, and pursuant to the Seoul Special Metropolitan City Local Land Tribunal’s adjudication on the expropriation on June 26, 2015, the date of expropriation as of August 14, 2015, the Plaintiff deposited KRW 14,590,000 as the depositee and KRW 371,045,560 as the compensation for loss on August 10, 2015, respectively.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 5 evidence (including paper numbers), the purport of the whole pleadings

2. The defendant asserts that this case's lawsuit is unlawful since it constitutes an abuse of right of action, which is filed without a ruling of acceptance.

Before the Seoul Special Metropolitan City Local Land Tribunal rendered a ruling of expropriation on June 26, 2015, the fact that the instant lawsuit was filed is clear in records.

However, as long as the adjudication of acceptance was made, the mere fact that a lawsuit was filed prior to the scheduled situation does not constitute abuse of power, and there is no other evidence to acknowledge it. Thus, the defendant's assertion is without merit.

3. Judgment on the merits

A. Article 49(6) of the Act on the Determination of the Grounds for Claim provides that “When a management and disposal plan is authorized and such notice has been given, the previous land.”