1. The defendant shall leave the building indicated in the attached list to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3...

Basic Facts

The Plaintiff is a housing reconstruction and improvement project association established for the purpose of rebuilding under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the “Urban Improvement Act”) in the area of 28,895 square meters (hereinafter referred to as the “instant project zone”) in Busan Northern-gu, Busan.

On April 26, 2019, the plaintiff obtained the approval of the project implementation plan from the head of Busan Northern District Office, and the approval of the project implementation plan was announced on May 1, 2019.

On April 23, 2020, the plaintiff received the approval of the management and disposal plan from the head of Busan Northern District Office, and the approval of the management and disposal plan was publicly notified on April 29, 2020.

The Defendant occupies and uses the buildings listed in the attached list in the instant project zone (hereinafter referred to as “instant real estate”).

The instant real estate is originally owned by the network D, and the spouse E, F, G, and the Defendant, who is his heir due to the death of the network D, succeeded to 3/9 and 2/9 of the statutory inheritance as the statutory inheritance portion.

Since then, on September 23, 2016, E donated 3/9 of the instant real estate to G, and F and the Defendant sold 2/9 of the instant real estate to G in total at KRW 71,50,000 on the same day.

[Reasons for Recognition] Fact-finding, Gap evidence Nos. 1 through 5, and Article 81 (1) of the Act on the Determination of Grounds for Claim Sharing the purport of the entire pleadings provides that "any right holder, such as the owner, superficies, leaseer, etc. of the previous land or building, shall not use or benefit from the previous land or building until the date of public announcement of transfer approval of the management and disposal plan under Article 78 (4)." Thus, the defendant who occupies or uses the real estate of this case can no longer use or benefit from the previous land or building until the date of public announcement of transfer under Article 86."

Unless there are special circumstances, the Defendant, the possessor of the instant real estate, is in the instant real estate.