1. The defendant shall deliver to the plaintiff the real estate stated 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 Project Association established for the purpose of implementing a housing redevelopment project with the area of 76,157.3 square meters in Bupyeong-gu, Incheon Metropolitan City.

B. On November 22, 2016, the head of Bupyeong-gu Incheon Metropolitan City authorizing the management and disposition plan on the above improvement project, and publicly announced it on the same day.

C. The Defendant is the owner of the real estate indicated in the attached list located in the above project zone (hereinafter “instant real estate”), who has not filed an application for parcelling-out with the Plaintiff. D.

The Plaintiff filed an application with the Defendant for a ruling of expropriation in order to not reach an agreement on compensation for losses, and the Incheon Metropolitan City Regional Land Tribunal rendered a ruling of expropriation on July 11, 2018 on the part of land among the instant real estate, and on November 16, 2018 on the part of the instant real estate.

According to the above ruling of expropriation, the Plaintiff deposited KRW 398,012,670 for the Defendant, and KRW 171,448,840 for the building compensation on December 26, 2018, respectively.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 2-11, Gap evidence 3-5, Gap evidence 8-7, the purport of whole pleadings and arguments

2. Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) provides that “the owner, superficies, person having a right to the previous land or building, lease on a deposit basis, and lessee, etc. shall not use or profit from the previous land or building until the date of public announcement of transfer under Article 86, if a public announcement of the approval plan for the management and disposal plan is made under Article 78(4).” The fact that the head of Bupyeong-gu Incheon Metropolitan City publicly announced the approval for the management and disposal plan on November 22, 2016 is as seen earlier.

Therefore, according to the above facts of recognition, the defendant, as a project operator, acquired the right to use and benefit from real estate, barring any special circumstances.