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

The costs of lawsuit shall be borne by the defendant.

1. Determination as to the cause of claim

A. Relevant statutes and legal principles 1) The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

Article 81(1) main text of Article 81(1) provides that “When a public announcement of the approval plan for the management and disposal of a previous land or building is made pursuant to Article 78(4), any right holder, such as the owner, 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 transfer under Article 86.” However, Article 81(1) proviso and 2 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “the Act”) provides that the compensation for losses under Article 81(1) main sentence of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor is not completed, the main sentence of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act”).

When the approval of the management and disposal plan is publicly notified, owners, superficies, lease holders, etc. of the previous land or buildings shall not use or profit from the previous land or buildings until the date of the public announcement of relocation under Article 54 of the former Act, and the project implementer shall be able to use or profit from the previous land or buildings until the date of public announcement of relocation

Accordingly, if the public notice of the approval plan for the management and disposal plan is given, the project implementer can seek delivery of real estate held by the lessee, etc. of the land or building in the rearrangement zone based on the above provision.

(see, e.g., Supreme Court Decision 2017Da260636, Aug. 20, 2020). In addition, partners are obligated to cooperate in order to achieve the smooth purpose of an urban improvement project in accordance with statutes or the articles of incorporation, and are obliged to cooperate.