1. The defendant shall deliver to the plaintiff the real estate stated in the list (attached Form).

2. The costs of the lawsuit are assessed against the defendant.

3...

1. Facts of recognition;

A. On August 25, 2009, the Plaintiff is a housing redevelopment project partnership that obtained authorization to establish an association on August 25, 2009 for the purpose of housing redevelopment improvement project (hereinafter “instant project”) consisting of the housing redevelopment project district with the area of project district of 126,830 square meters in Suwon-si, Suwon-si.

B. The Suwon Mayor issued a disposition to authorize the implementation of the instant project on June 15, 2012 with respect to the instant project against the Plaintiff, and publicly notified the authorization to implement the project on June 18, 2012, and publicly notified the approval to implement the project on June 8, 2018, and publicly notified the approval to implement the management and disposal plan on the same date.

C. The Defendant is a lessee who leases and occupies the real estate located in the instant project zone (attached Form) list (hereinafter “instant real estate”).

[Grounds for Recognition] Confession

2. Determination

A. 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”) provides that “The owner, superficies, leaseer, etc. of the previous land or building shall not use or benefit from the previous land or building by the date of public announcement of the approval of the management and disposal plan under Article 78(4).”

Therefore, if the administrative disposition is publicly notified, use or profit-making of the previous owner of the subject matter is suspended, so the project implementer can use or profit from the subject matter without any separate procedure of expropriation or use (see, e.g., Supreme Court Decision 2017Da289712, May 15, 2018).

According to the above facts in light of the above legal principles, on June 8, 2018, the Suwon City imposed a disposition of approval for the management and disposal plan of the instant project on the Plaintiff, who is the project implementer of the instant project, and on the same day, announced it. Thus, the Defendant was no longer able to use and profit from the instant real estate, barring any special circumstances.

(c).