1. The defendant is a 1st floor of the building listed in the attached Table 1's list of real estate, which is located within the scope of the attached Table 2's 1 drawings,

1. Facts of recognition;

A. The Plaintiff is a housing reconstruction and improvement project association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) that promotes a reconstruction project for multi-family housing and ancillary welfare facilities on the ground of 39,608 square meters in Gwangjin-gu Seoul Special Metropolitan City, and the Defendant occupies and uses the attached Form 2 No. 1, among the 1st floor of the building indicated in the attached Table 1’s list of real estate located within the said reconstruction project site, as a lessee of the portion (A) and 3.05 square meters in the ship (hereinafter “instant building”).

B. The Plaintiff obtained authorization from the head of Gwangjin-gu Seoul Special Metropolitan City Office to establish an association on July 27, 201, and obtained approval for the implementation plan on September 20, 2012 and approval for the management and disposal plan on October 18, 2017, respectively, and the head of Gwangjin-gu Seoul Special Metropolitan City announced the approval for the management and disposal plan at that time

C. On March 16, 2018, for the instant reconstruction project, the Plaintiff completed the registration of ownership transfer based on sale as of March 6, 2018, with respect to the instant building.

[Reasons for Recognition] The descriptions of Gap evidence Nos. 1 through 6, the purport of the whole pleadings

2. Judgment on the parties' arguments

A. Article 81(1) of the Act on the Determination of the Grounds for Claim provides that "Any right holder, such as the owner, superficies, leaseer, etc. of the previous land or building, shall not use or benefit from the previous land or building until the date of public announcement of transfer under Article 86, if a public announcement of the management and disposal plan under Article 78(4) is made." Thus, the defendant who occupies or uses the building of this case cannot use or benefit from the building of this case, and the plaintiff, who is the project operator, can use or benefit from the building

Therefore, barring special circumstances, the Defendant is obligated to deliver to the Plaintiff the instant building that the Plaintiff has occupied and used.

B. As to the Defendant’s assertion, the Defendant had before its establishment.