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 whose project implementation district covers 148,865 square meters of Seoul, Nam-gu, Busan.

B. On April 17, 2017, the Plaintiff received the application for parcelling-out from April 17, 2017 to May 16, 2017 when publicly announcing the application for parcelling-out to cooperative members for a housing redevelopment improvement project (hereinafter “instant rearrangement project”).

C. The Defendant, as the owner of the real estate indicated in the separate sheet (hereinafter “instant real estate”), submitted an application for parcelling-out to the Plaintiff around May 10, 2017, within the period for application for parcelling-out.

On the other hand, on December 14, 2017, the Plaintiff received the approval of the management and disposal plan from the head of the Nam-gu Busan, and the head of the Nam-gu, Busan, notified it as D public notice on December 20, 2017.

【Ground of recognition】 Each entry of evidence Nos. 1 through 4, 7, and 10 (including, if any, the number; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to Article 49(6) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14567, Feb. 8, 2017; Act No. 14567, Feb. 9, 2018; hereinafter “former Act”), when the approval of the management and disposal plan is publicly notified, the owners, superficies, persons holding rights, lease rights, etc. of the previous land or buildings may not use or benefit from the previous land or buildings until the date of the public announcement of transfer under Article 54 of the former Act, and the project implementer shall have the right to use or benefit from the former land or buildings (see Supreme Court Decision 2009Da53635, May 27, 2010). In addition, the association members are obligated to remove or move from the project implementation plan under Article 10(1)7 of the Plaintiff’s articles of association, barring special circumstances, and the Defendant, as the owner of real estate in the project zone of this case, shall deliver the instant real estate to the Plaintiff.