The defendant shall deliver the real estate listed in the attached list to the plaintiff. The costs of lawsuit shall be borne individually by each party.

subsection 1.

1. Basic facts

A. The Plaintiff is a housing redevelopment project partnership that obtained authorization from the head of Dongdaemun-gu Office on December 26, 2017 for the establishment of an association pursuant to the Urban and Residential Environment Rearrangement Act (hereinafter “Urban and Residential Environment Rearrangement Act”) for the purpose of implementing a housing redevelopment project with respect to the housing redevelopment project for the Dongdaemun-gu Seoul Metropolitan Government 34,997 square meters (hereinafter “instant project zone”).

B. On April 23, 2020, the head of Dongdaemun-gu publicly announced the management and disposal plan of the Plaintiff on the same day.

(c)

The defendant occupies real estate in the attached list in the business area of this case.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 5 (including each number, if any) and the purport of the whole pleadings

2. Determination

A. When a public notice of the management and disposal plan stipulated in the Urban Planning and Utilization Act regarding the cause of the claim is given, the use and profit-making by the right holder, such as the owner, superficies, the person having chonsegwon, the lessee, etc. for the previous land or buildings shall be suspended, and the project executor shall be able to use and profit from the former land or buildings (see, e.g., Supreme Court Decisions 91Da22094, Dec. 22, 1992; 2009Da53635, May 27, 2010). Therefore, the defendant is obligated to deliver the real estate recorded in the attached list to the plaintiff who is held the right to use and profit from the real estate within the business area of this case after obtaining authorization and public notice of the management and disposal plan under the Urban Planning

3. In conclusion, the plaintiff's claim of this case is justified, and it is decided as per Disposition by applying Article 99 of the Civil Procedure Act to the burden of litigation costs in consideration of the progress of the lawsuit of this case.