The defendant shall deliver to the plaintiff the stores listed in the attached sheet.

Litigation costs shall be borne by the defendant.

1. Facts of recognition;

A. The Plaintiff was authorized to establish an association on March 18, 2009, which was established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) in order to implement a housing reconstruction improvement project (hereinafter “instant rearrangement project”) which designates the Seoul Nam-gu Seoul metropolitan apartment complex, housing complex, and shopping district as a project implementation district.

B. On March 12, 2020, the head of the Nam-gu Gwangju Metropolitan City approved the management and disposal plan under the Act on the Maintenance and Improvement of Urban Areas, and publicly notified it.

C. The Defendant is the person who leased and possessed the stores listed in the attached list within the said project implementation district.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. When the notice of the approval plan for the management and disposal plan under the Act on the Determination of Urban Improvement, any right holder, such as the lessee, etc. of the previous land or structure, is prohibited from using or earning profit from the previous land or structure (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). The fact that the notice of the approval plan for the management and disposal plan for the rearrangement project of this case was on March 12, 2020 is recognized as above. As such, the Defendant who leased the store listed in the attached list lost the right to use or benefit from the leased store, and the Plaintiff, the implementer of the rearrangement project, acquired the right to use or benefit from the store listed in the attached list.

Therefore, the defendant is obligated to deliver to the plaintiff a store listed in the attached list, except in extenuating circumstances.

In this regard, the defendant asserts that he would receive business compensation, directors' expenses, etc.

Article 38 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter referred to as the "Public Works Act") shall be expropriated by a rearrangement project implementer under the Act on the Acquisition of Land, etc. for Public Works Projects.