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 an redevelopment improvement project association which completed the registration of incorporation on February 5, 2009 after obtaining authorization for the establishment under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on February 3, 2009 to implement a housing redevelopment improvement project (hereinafter “instant project”) for the land of 219,406 square meters in Bupyeong-gu Incheon Metropolitan City (hereinafter “instant project implementation district”).

B. On July 12, 2016, the head of Bupyeong-gu Incheon Metropolitan City authorizing the Plaintiff’s management and disposal plan, and publicly announced it on July 13, 2016.

C. Defendant B, as a lessee of the real estate listed in the separate sheet in the project implementation district of this case (hereinafter “instant loan”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-8, Gap evidence No. 9-8, Gap evidence No. 18, the purport of the whole pleadings

2. The main text of Article 49(6) of the Act on the Determination of Urban Improvement provides that “When the authorization of a management and disposition plan is publicly announced, owners, superficies, persons having rights to lease, lease holders, etc. of the previous land or buildings shall not use or profit from the previous land or buildings until the date of the public announcement of transfer under Article 54.” The fact that the public announcement of the approval of the management and disposition plan of the project of this case was made on July 13, 2016 is as seen earlier, the Defendant is obligated to deliver the instant loan to the Plaintiff

The Defendant asserts to the effect that the Plaintiff cannot deliver the instant loan as the Plaintiff did not compensate for the transfer cost.

The proviso of Article 49(6) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Public Works Act”) stipulates that the compensation for the loss under Article 40 of the same Act and Article 49(6) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor may still be used and made profits from the previous land or buildings. However, the compensation for the relocation expenses to the tenants of residential buildings under the Act on the Improvement of Urban Areas