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. Basic facts

A. The Plaintiff is a housing redevelopment and consolidation project association that completed the registration of incorporation on January 8, 2010 to implement a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) by using the housing redevelopment and rearrangement project district of Yeongdeungpo-gu Seoul Metropolitan Government 73,607 square meters as a project implementation district.

B. The Plaintiff received project implementation authorization on August 30, 2012, and the head of Yeongdeungpo-gu Seoul Metropolitan Government Office approved and publicly notified the instant improvement project on October 29, 2015.

C. The real estate listed in the separate sheet (hereinafter “instant real estate”) is located within the implementation zone of the instant rearrangement project, and the Defendant leased and occupied the instant real estate.

[Ground for recognition] Unsatisfy

2. Determination

A. When a management and disposition plan under Article 49(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) concerning the cause of the claim is publicly announced, the use and profit of the right holder, such as the owner, superficies, leaseer, etc. of the previous land or buildings shall be suspended, and the project implementer may use and profit from the plan.

According to the above facts of recognition, as the management and disposal plan for the instant rearrangement project is publicly announced, the use and profit-making of the Defendant’s real estate is suspended, and the Plaintiff acquired the right to use and profit-making from the real estate as the project implementer, the Defendant is obligated to deliver

B. As to the defendant's defense, the defendant asserts that the real estate of this case cannot be transferred until the plaintiff's business compensation against the defendant is completed.

If an executor of housing redevelopment improvement project deposits compensation for losses as prescribed by the adjudication of expropriation by the competent Land Tribunal, it shall be deemed that the compensation for losses under the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor under Article 49 (6) of the Urban Improvement Act has been completed.

Supreme Court on August 22, 2013