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. Basic facts

A. On April 25, 2005, the Plaintiff is a housing redevelopment and rearrangement project association established with authorization from the head of the Busan Metropolitan Government on April 25, 2005 for the implementation of a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) covering the area of 72,313.6 square meters in Busan Seo-gu, Busan. The Defendant is a member who owns and occupies real estate listed in the separate sheet (hereinafter “instant building”) and its site within the instant rearrangement project zone and completed the application for parcelling-out within the period for parcelling-out.

B. On September 24, 2017, the Plaintiff: (a) held a general meeting on September 24, 2017, resolved a draft management and disposition plan; and (b) applied for the approval plan; and (c) on November 14, 2017, the said approval was publicly notified on November 22, 2017 with the approval from the head of the

【Ground for recognition】 The fact that there has been no dispute, each entry of Gap 1 through 3 (including virtual numbers) and the purport of the whole pleading

2. Determination

A. According to the main sentence of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), where a management and disposal plan is authorized and the notice is made, a right holder, such as the owner of a previous parcel of land or structure, shall not use or benefit from the previous parcel of land or structure until the date of public announcement of relocation under Article 86 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.

However, the Plaintiff, the project implementer of the instant improvement project, obtained authorization of the management and disposal plan concerning the said improvement project from the head of ideas and ideas on November 14, 2017, and the head of ideas and ideas publicly notified the above management and disposal plan on November 22, 2017 as seen earlier. Therefore, in light of the aforementioned legal principles, the Defendant is obligated to deliver the instant building to the Plaintiff, the project implementer.

B. The Defendant’s assertion is invalid since the instant management and disposition plan is invalid.