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 rearrangement project association that completed the registration of incorporation on April 1, 2009 to implement a redevelopment and rearrangement project (hereinafter “instant rearrangement project”) using the total area of 87,025 square meters in Yangcheon-gu Seoul Metropolitan Government as a project implementation district.

B. On May 31, 2010, the Plaintiff received project implementation authorization, and the head of the Seoul Seoul Ancheon District Office approved and publicly notified the instant improvement project’s management and disposal plan around July 2016.

C. The Defendant, as the owner of the real estate indicated in the separate sheet located within the execution zone of the instant improvement project (hereinafter “instant real estate”), occupies the real estate as indicated in the separate sheet.

[Ground of recognition] Facts without dispute, Gap 1, 2, 4 evidence, the purport of the whole pleadings

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 instant real estate shall be suspended, and the Plaintiff acquires the right to use and profit-making from the Plaintiff as the project implementer, and thus, the Defendant

B. As to the defendant's defense, the defendant asserted that the prior performance of the obligation to pay compensation for losses for the real estate of this case cannot deliver the above real estate until the compensation for losses for the real estate of this case is completed.

Where an implementer of a housing redevelopment improvement project has deposited compensation for losses determined by the expropriation ruling by the competent Land Tribunal, the compensation for losses under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects referred to in Article 49 (6) of the Act shall be completed.