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

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

3...

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. The Defendant occupies the real estate indicated in the attached list located within the project implementation district of the instant case (hereinafter “instant 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 435,753,810 of the compensation determined by the said ruling on expropriation with D, the owner of the instant real estate, as the principal deposit.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of 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 under the main sentence of Article 65(1) of the Act, a project operator shall pay the compensation adjudicated by the competent Land Tribunal by the commencement date of expropriation or use, and acquires the ownership of the land or goods at the commencement date of expropriation.