The defendant shall deliver to the plaintiff the first floor of 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 project association established on September 18, 2015 to implement a housing redevelopment project (hereinafter “instant redevelopment project”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on the area of 13,180 square meters in Seodaemun-gu Seoul Metropolitan Government. The Plaintiff is a housing redevelopment project association, the implementation of which has been approved by the head of Seodaemun-gu Seoul Metropolitan Government on September 6, 2017.

The Defendant is a person who leases and occupies one floor (hereinafter referred to as “instant real estate”) among the real estate listed in the attached list within the instant redevelopment project zone.

B. On June 19, 2019, the Plaintiff received the approval of the management and disposal plan from the head of the Gu, and the details thereof were publicly notified in the Official Gazette on the same day.

C. On April 24, 2020, the Plaintiff applied for a ruling of expropriation, which did not reach an agreement with the Defendant on compensation for losses, received a ruling of expropriation on June 12, 2020 with respect to the real estate of this case from the local Land Tribunal of Seoul Special Metropolitan City, which decided on June 12, 2020. On May 26, 2020, the Plaintiff paid all compensation for losses (business compensation) for the real estate of this case to the Defendant under the above ruling of expropriation.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. According to the main sentence and proviso of Article 81(1)2 of the Act on the Determination of Grounds for Claims, right holders, such as owners, superficies, persons having superficies, persons having chonsegwon, leasers, etc. of the previous land or buildings, shall not use or benefit from the previous land or buildings until the date of public announcement of the approval of the management and disposal plan.

However, the same shall not apply where compensation for losses under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) has not been completed.

In addition, according to the main sentence of Article 65 (1) of the Act on the Improvement of Urban Areas, the ownership of the land or buildings for the implementation of the rearrangement project in the rearrangement zone and others.