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. Pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Plaintiff was a project implementer of the “A Housing Redevelopment Improvement Project” (hereinafter “instant project”) whose business area covers the area of 76,157 square meters in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon, and on November 22, 2016, which was approved by the head of Bupyeong-gu Incheon Metropolitan City, and was publicly notified of the above management and disposal plan on the same day.

B. The defendant is the owner of the real estate in the attached list located in the project area of this case who is not subject to the application for parcelling-out to the plaintiff.

The Plaintiff filed an application for adjudication of expropriation with the competent Regional Land Tribunal of Incheon Metropolitan City, which did not consult with the Defendant on the compensation for losses, and deposited the compensation for losses for the land and buildings in accordance with the adjudication of expropriation of the said Committee on September 4, 2018 and December 26, 2018.

C. The defendant occupies real estate listed in the currently annexed list.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. Determination

A. The main sentence of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) provides that “the owner, superficies, person having a right to the previous land or building, leasee, leasee, etc. shall not use or benefit from the previous land or building by the date of public announcement of the approval of the management and disposal plan under Article 78(4).” Article 81(2) provides that “The project implementer shall remove the existing building after receiving the approval of the management and disposal plan under Article 74(1).”

According to the above provisions, when the right holder of the previous land or structure has approved the management and disposal plan, the relevant land or structure for the implementation of the relevant project.