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. Facts of recognition;

A. The Plaintiff is a housing redevelopment and maintenance project partnership that implements a housing redevelopment and rearrangement project (hereinafter “instant project”) pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) within the area of 55,705 square meters in Nam-gu, Incheon Metropolitan City.

The Defendant occupies the instant building as a lessee of the real estate in the attached list (hereinafter “instant building”) located within the area subject to the instant project.

B. On February 15, 2019, the head of Nam-gu Incheon Metropolitan City approving a management and disposition plan against the plaintiff as the notification D of the Nam-gu Incheon Metropolitan City, and announced it on the same day.

C. On September 25, 2019, the Incheon Metropolitan City Regional Land Tribunal decided the commencement date of expropriation as of November 19, 2019 and rendered a ruling of expropriation (hereinafter “instant adjudication of expropriation”). D.

On November 1, 2019, the Plaintiff deposited 40,182,500 won as compensation according to the instant confinement ruling against the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 4, Gap evidence 5-1, and the purport of whole pleadings

2. Judgment on the parties' arguments

A. Article 81(1) of the Act on the Determination of the Grounds for Claims provides that “Any right holder, such as the owner, superficies, person having superficies, leasee, etc. of the previous land or building may not use or benefit from the previous land or building until the date of the public announcement of the approval of the management and disposal plan under Article 78(4): Provided, That the same shall not apply where the compensation for losses under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) is not completed, with the consent of the project implementer or with the consent of the project implementer under Article 86.

However, as seen earlier, the management and disposal plan authorized by the Plaintiff was publicly announced on February 15, 2019, and the Plaintiff made compensation for the Defendant according to the ruling of expropriation by the Land Tribunal of Incheon Metropolitan City.