1. The defendant gives each point to the plaintiff, among the real estate 1 floors listed in the attached Table 1 list, as indicated in the attached Form 2 drawings 1, 2, 3, 4, and 1.

1. Facts of recognition;

A. The Plaintiff is an urban environment rearrangement project association established to implement the urban environment rearrangement project of Mapo-gu Seoul Metropolitan Government as a project implementation district (hereinafter referred to as “instant rearrangement project”).

After receiving the project implementation authorization from the head of Mapo-gu Seoul Metropolitan Government on July 26, 2012, the Plaintiff was subject to the approval of the project implementation on July 7, 2015, and the management and disposal plan was publicly announced on July 9, 2015.

B. The Defendant occupied and used the part (A) of the real estate indicated in the annexed sheet No. 1 (hereinafter “instant real estate”) located within the project zone of the instant rearrangement project, which connected each point of the annexed sheet No. 1, 2, 3, 4, and 1, in turn.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 6 (including branch numbers for those with a satisfy number), the purport of the whole pleadings

2. The main text of Article 49(6) of the Act on the Maintenance of Urban Areas and Residential Environments provides that “When a management and disposition plan is authorized and announced publicly, a right holder, such as the owner, lessee, etc. of the previous land or structure, shall not use or benefit from the previous land or structure until the date of the public announcement of relocation under Article 54.”

Accordingly, when a management and disposal plan is authorized and publicly announced, the former owner’s use and profit-making of the subject matter is suspended, so the project implementer can use and profit from the subject matter without any separate procedure of expropriation or use (see, e.g., Supreme Court Decisions 2011Da85352, Dec. 26, 2013; 2009Da28394, Nov. 24, 201). Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff, who is the project implementer of the instant improvement project.

3. The plaintiff's claim against the defendant is justified and it is so decided as per Disposition.