1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of lawsuit shall be borne by each person;

3...

Facts of recognition

The Plaintiff is a housing redevelopment and consolidation project association established to implement housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) with the area of 35,740 square meters in Suwon-si, Suwon-si.

On March 21, 2017, the Plaintiff received a management and disposal plan from the Suwon City on March 21, 2017, and the Suwon City announced the management and disposal plan on the same day.

Attached Form

The real estate indicated in the list (hereinafter referred to as the “instant real estate”) is located within the project zone for the instant rearrangement project.

The defendant occupies the real estate of this case.

[Ground of recognition] The former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “Urban Improvement Act”) provides that “the head of a Si/Gun shall, when he approves a management and disposal plan under paragraph (2), publish the contents thereof in the official bulletin of the relevant local government” in Article 49(3). The main text of paragraph (6) of the same Article provides that “When a public announcement is made under paragraph (3), the owner, superficies, person holding rights, lease right, etc. of the previous land or building shall not use or profit from the previous land or building until the date of the public announcement of transfer under Article 54.”

Thus, as long as the Suwon Market publicly announced a management and disposal plan concerning the instant rearrangement project, the Defendant, the owner of the instant real estate in the project zone for the instant rearrangement project, was unable to use or profit from the instant real estate pursuant to the main sentence of Article 49(6) of the Urban Improvement Act.

Therefore, the defendant is obligated to deliver the instant real estate to the plaintiff, who is the implementer of the instant improvement project.

As to this, the defendant has the right to move the domicile to the defendant.