1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

1. Facts of recognition;

A. The Plaintiff is the Seocho-gu Seoul Metropolitan Government Housing Reconstruction and Improvement Project Association, which was authorized by the head of Seocho-gu Seoul Metropolitan Government on May 10, 2012 under the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Urban Improvement Act”).

B. On July 29, 2013, the head of Seocho-gu approved the project implementation plan for the above reconstruction project to the Plaintiff, and on July 13, 2016, approved the management and disposal plan and announced it on July 14, 2016.

C. The real estate listed in the attached list is located in the above project implementation district, and the defendant occupies the above real estate as a lessee.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 5 (including virtual numbers), and the purport of the whole pleadings

2. Article 49(6) of the former Act on the Maintenance and Improvement of Urban Areas provides that when the approval of a management and disposal plan is publicly announced, the owners of the previous land or buildings, superficies, persons having rights to lease, lease, etc. shall not use the previous land or buildings or benefit therefrom until the date of public announcement of relocation under Article 54 of the same Act.

According to the above recognition, on July 14, 2016, the head of Seocho-gu Office notified the Plaintiff of the approval of the management and disposal plan. As such, the Plaintiff, a project implementer, may proceed with the project by removing buildings in the rearrangement zone, etc., and for this purpose, the right holder of the land or building shall transfer the land or building he/she owns to the project implementer.

Therefore, the defendant who leased and occupied the real estate in the attached list located in the project implementation district is obligated to deliver the above real estate to the plaintiff as the project implementer.

3. The judgment of the defendant on the defendant's assertion shall be made from the plaintiff to the proviso of Article 49 (6) of the former Act.