1. The defendant shall deliver to the plaintiff each real estate listed in the annexed real estate list attached to the plaintiff.

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

1. Determination as to the cause of claim

A. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 through 9 (including evidence with serial numbers), the facts constituting the grounds for the claim Nos. 2 and the facts that the Plaintiff deposited KRW 327,51,530 on September 6, 2018 of the Incheon Metropolitan City Regional Land Expropriation Committee’s ruling of expropriation on September 19, 2018.

B. According to the above facts, pursuant to the main sentence of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the defendant is obligated to deliver each real estate listed in the attached Table 1 list to the plaintiff (hereinafter “each real estate of this case”).

2. Judgment on the defendant's assertion

A. The main point of the assertion is that the Defendant was not paid the resettlement money, the relocation expenses, and the relocation expenses of directors (hereinafter “resident relocation expenses, etc.”) by the Plaintiff. Since the aforementioned relocation expenses, etc. are all compensated for losses, the Defendant may refuse to deliver each real estate of this case until the Plaintiff completes such compensation.

Therefore, the plaintiff's claim of this case must be dismissed.

B. Determination 1) Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Act”)

(1) Article 78(1) and (5) of the Enforcement Decree of the same Act, Article 41 of the Enforcement Decree of the same Act, and Articles 53 through 55 of the Enforcement Rule of the same Act, have the nature of funds paid on the level of social security for the owners, etc. who have special difficulties due to the purpose of the policy to facilitate the implementation of the project by encouraging the early relocation of the owners, etc. residing in the zone where the relevant public works are performed, and thus, the right to claim compensation for the resettlement funds, relocation expenses, and movable property transfer expenses, which have been legally implemented, are the rights under public law (see Supreme Court Decision 2007Da8129, May 29, 2008).