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. Basic facts - The Plaintiff is the Housing Redevelopment and Improvement Project Association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a redevelopment project whose size is 41,900 square meters of the Gu C in Ansan-si as an improvement zone during the period of Ansan-si.

On March 30, 2017, the Ansan City approved and publicly notified the management and disposal plan of the plaintiff.

The defendant is the owner of the building listed in the attached list, which is the land and the building on the ground in Gyeyang-si located in the above improvement zone (hereinafter referred to as "the building in this case"), and operates the building in this case as "E".

On February 28, 2018, the Gyeonggi-do Local Land Tribunal rendered a ruling to expropriate D land and buildings of this case in Ansan-si for the above improvement project on February 28, 2018, with the purport of 317,595,00 won for land expropriation, 25,126,450 won for land expropriation, and 33,100,000 won for business compensation.

On April 5, 2018, which was before the date of commencement of expropriation prescribed in the above ruling (on April 14, 2018), the Plaintiff deposited KRW 33,100,000 as a depositee, and KRW 342,721,450 as a compensation for expropriation on April 11, 2018, respectively.

(Deposit of the above business loss compensation deposit). 【No dispute exists concerning the deposit of the business loss compensation deposit of this case, entry of the evidence No. A1-8, and the purport of the whole pleadings.

2. Determination

A. Article 81(1) main text of the Act on the Determination of Grounds for Claims provides that “Any right holder, such as the owner, superficies, person having superficies, leasee, etc. of the previous land or building shall 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), if the public announcement of the approval of the management and disposal plan is made under Article 86.” Thus, when the public announcement of the approval of the management and disposal plan is made, the benefit of the right holder