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. On March 14, 2012, the Plaintiff was authorized to establish an association on March 14, 2012 for the purpose of housing redevelopment improvement project for the Bupyeong-gu Incheon Bupyeong-gu Seoul Metropolitan Government 76,157 square meters (hereinafter “instant project area”); on November 22, 2016, the Plaintiff received an approval for the management and disposal plan for housing redevelopment project from the head of Bupyeong-gu Incheon Metropolitan City Bupyeong-gu, which was publicly announced by the same date.

B. The owner of the real estate in the attached list in the instant project zone (hereinafter “instant real estate”) is a person subject to cash liquidation who has not filed an application for parcelling-out during the period of application for parcelling-out.

C. The Defendant, as the spouse of D, is the owner of the instant real estate, is occupying and using the business with the trade name “E”.

The Plaintiff filed an application for adjudication of expropriation with the competent Regional Land Tribunal of Incheon Metropolitan City, which did not reach an agreement on compensation for losses with the Defendant. On November 16, 2018, the Land Tribunal decided to expropriate the Defendant’s business compensation of KRW 6,530,00 and the starting date of expropriation on December 26, 2018.

E. On December 20, 2018, the Plaintiff deposited the full amount of compensation for losses as determined by the ruling by the Incheon District Court No. 14752 in 2018 with the Defendant as the deposited person.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, Gap evidence 10, Gap evidence 12-2, the purport of the whole pleadings

2. According to the main sentence of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, when a management and disposal plan is authorized and publicly announced, a right holder, such as the owner of a previous parcel of land or structure, shall not use or profit from the previous parcel of land or structure until the date of public announcement of transfer under Article 86 of the same Act, and a project

As seen earlier, as long as a management and disposal plan is authorized and publicly announced, it is the possessor of the instant real estate that lost the right to use and benefit from the real estate.