1. The defendant shall deliver to the plaintiff the building indicated 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 rearrangement project association established to implement a housing redevelopment and rearrangement project with the size of 89,853.4 square meters in Seongbuk-gu Seoul Metropolitan Government as a project implementation district. The Plaintiff obtained authorization from the head of Seongbuk-gu Seoul Metropolitan Government, for the establishment of the association on April 21, 2009; the authorization for the implementation of the project on April 11, 2013; the authorization for the implementation of the project on December 26, 2013; and the authorization for the management and disposal plan was obtained on December 22, 2014 pursuant to Article 49 (2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”); and the head of Seongbuk-gu Seoul Metropolitan Government publicly announced the above management and disposal plan on December 26,

B. The Defendant occupies the instant real estate as the owner of the real estate indicated in the separate sheet (hereinafter “instant real estate”).

C. On June 26, 2015, the Plaintiff filed an application for adjudication of expropriation with the Seoul Special Metropolitan City Regional Land Expropriation Committee, and on June 26, 2015, the said Expropriation Committee decided to accept the Defendant’s compensation amounting to KRW 375,696,930, and the date of commencement of expropriation on August 14, 2015.

Accordingly, on August 10, 2015, the Plaintiff deposited compensation for losses under the above confinement ruling with the Defendant as the principal deposit.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including a provisional number), the purport of the whole pleadings

2. Determination

A. When the determination of the management and disposal plan regarding the cause of the claim is publicly notified, a right holder, such as the owner, superficies, leaseer, etc. of the previous land or structure, may not use or profit from the previous land or structure until the date of the public announcement of transfer under Article 54 of the Urban Improvement Act (Article 49(6) of the Urban Improvement Act). According to the above facts, the defendant occupies the above real estate located within the project implementation district, and thus, the defendant is obligated to deliver

B. The defendant's assertion (1) The defendant's lawsuit of this case brought before a ruling of acceptance is unlawful as it constitutes abuse of the right of lawsuit.