1. The defendant's appeal is dismissed.

2. According to the plaintiff's expansion of the purport of the claim in the trial, the decision of the court of first instance is ordered.

1. Facts of recognition;

A. The Plaintiff is a housing reconstruction and improvement project association approved by the head of Jung-gu Seoul Metropolitan Government on September 4, 2008 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of promoting a housing reconstruction project in Jung-gu Seoul Metropolitan Government G.

B. The Plaintiff obtained project implementation authorization from the head of Jung-gu Seoul Metropolitan Government on June 21, 2013, and obtained the approval of the management and disposal plan on January 22, 2015, and the head of Jung-gu Seoul Metropolitan Government announced it on the same day.

(Seoul Metropolitan Government Public Notice L.C.)

Attached Form

The real estate listed in the list is located within the project implementation district, and the defendant currently occupies the real estate as a lessee of the portion (a) and 12 square meters inboard (hereinafter “instant building”) connected each point in sequence among the underground rooms of the real estate listed in the attached list in the attached list, which are located within the area of the project.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. The assertion and judgment

A. Article 49(6) of the Act on the Determination of Grounds for a Claim provides that when the authorization of a management and disposal plan is publicly announced, the owners of the previous land or buildings, superficies, leasee, leasee, etc. shall not use or profit from the previous land or buildings without the consent of the project implementer until the date of public announcement of relocation under Article 54 of the same Act. As seen earlier, insofar as the public announcement of authorization of a management and disposal plan is given to the Plaintiff, the Plaintiff, the project implementer, may proceed by removing buildings within the rearrangement zone, etc., and for this purpose, the right holder of the land or buildings shall transfer the land or buildings he/she

Therefore, barring any special circumstance, the defendant is obligated to deliver the building of this case currently possessed by the plaintiff.