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 project implementer of an urban development project whose project area covers the Nam-gu Incheon Metropolitan City B and Cdong (hereinafter “instant urban development project”).

B. The Defendant occupied and used the instant real estate as the owner of the real estate indicated in the separate sheet located within the instant urban development project zone (hereinafter “instant real estate”).

C. On September 30, 2013, the Mayor of Incheon Metropolitan City announced the authorization of the implementation plan for the instant urban development project in accordance with Articles 17 and 18 of the Urban Development Act.

As the Plaintiff did not reach an agreement to acquire the instant real estate, the Plaintiff applied for adjudication of expropriation to the Incheon Metropolitan City Regional Land Expropriation Committee, and the said Regional Land Expropriation Committee decided on July 12, 2017 for the commencement date of expropriation to the Defendant, who is the owner on May 8, 2017.

E. On July 7, 2017, the Plaintiff deposited the full amount of compensation determined by the above expropriation ruling against the Defendant. On August 9, 2017, the Plaintiff completed the registration of ownership transfer on the instant real estate subject to expropriation.

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

2. Determination

A. According to Article 22 of the Urban Development Act, a project implementer may expropriate or use land, etc. necessary for an urban development project, and the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Act”) shall apply mutatis mutandis to the expropriation or use of land, etc. resulting therefrom.

Meanwhile, according to the Public Works Act, a project operator shall acquire ownership of land or goods on the commencement date of expropriation decided by the competent Land Tribunal (Article 45(1)), pay or deposit compensation adjudicated by the Land Tribunal by the commencement date of expropriation (Article 40(1) and (2). If a project operator fails to pay or deposit compensation by the commencement date of expropriation, the adjudication shall be made.