The Plaintiff

A. Defendant B delivers the real estate listed in the separate sheet;

B. Defendant C shall enter the attached list.

1. Basic facts

A. The Plaintiff is a maintenance and improvement project partnership that implements a housing redevelopment project in the Namyang-si, Namyang-si. Defendant B is the owner of the real estate indicated in the attached Table (hereinafter “instant real estate”), and Defendant C is the lessee of the instant real estate.

B. On December 3, 2019, the Plaintiff was subject to an administrative disposition plan for the redevelopment and improvement project of A zone including the instant real estate from Namyang-si, and on September 15, 2020, the Plaintiff deposited KRW 245,000,000 with the name of the person who was the truster of Defendant B as the principal on September 15, 2020 after the ruling of the Gyeonggi-do Local Land Expropriation Committee.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 4 through 7, and 9, the purport of the whole pleadings

2. In cases where a management and disposition plan is publicly announced pursuant to Article 49(6) of the former Act on the Maintenance of Urban and Residential Environments (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act”), the right holder, such as the owner, superficies, leasee, etc. of the previous land or structure, cannot use or profit from the previous land or structure until the date of the public announcement of transfer under Article 86 of the former Act on the Maintenance of Urban and Residential Environments, and the project implementer can use or profit from the former land or structure until the date of the public announcement of transfer under Article 54 of the former Act on the Maintenance of Urban Areas and Residential Environments (wholly amended by Act No. 14567, Feb. 8, 2017).

Accordingly, if a project implementer notifies a person who is a management and disposition plan, he/she may seek against the lessee, etc. of the land or building in the rearrangement zone based on the above provision (see Supreme Court Decision 2017Da260636, Aug. 20, 2020, etc.). According to the above facts and legal principles, Defendant B, the owner of the instant real estate, is obligated to deliver the instant real estate to the Plaintiff, and Defendant C, the lessee of the instant real estate, is obligated to leave the instant real estate from the instant real estate.

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