1. The defendant shall deliver to the plaintiff the building indicated 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 association established to implement a housing redevelopment improvement project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) in the Northern-gu Seoul metropolitan City.

B. On March 23, 2015, the Plaintiff obtained authorization from the head of the Gu from North Gwangju Metropolitan City, and obtained authorization to implement the project on March 31, 2017.

After that, on November 15, 2017, the management and disposal plan of the instant project was authorized, and the said authorization was publicly announced on November 16, 2017.

C. The Defendant is the owner of the building indicated in the attached Table located within the execution zone of the instant project (hereinafter “instant building”).

On August 9, 2018, the Plaintiff filed an application for adjudication of expropriation on the instant building with the competent local land expropriation committee of Gwangju Metropolitan City (hereinafter “instant adjudication of expropriation”), and deposited the compensation determined by the said adjudication to the Defendant on September 20, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to Article 81(1) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor, a right holder, such as the owner of the previous land or structure, may not use or benefit from a management and disposition plan when the authorization of a management and disposition plan is publicly announced. However, the foregoing provision does not apply where the project operator’s consent or the compensation for losses under the Act on the Acquisition of Land, etc.

According to the main sentence of Article 65(1) of the Act, the Land Compensation Act shall apply mutatis mutandis to the expropriation or use of ownership and other rights of land or buildings for the implementation of a housing redevelopment improvement project within a housing redevelopment improvement zone, except as otherwise expressly provided for. According to the Land Compensation Act, the project implementer is up to the commencement date of expropriation determined by the competent Land Tribunal by its adjudication.