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 and consolidation project association whose business area covers the total area of 75,338 square meters in Bupyeong-gu Incheon Metropolitan City.

B. On April 10, 2019, the head of Bupyeong-gu Incheon Metropolitan City authorizing the management and disposal plan for the above project implementation and announced it on the same day.

C. The real estate stated in the attached list (hereinafter “instant real estate”) is included in the above business area, and is owned by the non-party D church, and the defendant is the representative of the above church.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of whole pleadings

2. The main sentence of 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 lease, lease, lease, etc. of the previous land or building shall not use or benefit from the previous land or building by the date of public announcement of the approval of the management and disposal plan under Article 78(4), and Article 78(2) provides that “the project implementer shall remove the existing building after receiving the approval of the management and disposal plan under Article 74(1).”

According to the above provisions, when the right holder of the previous land or structure approves the management and disposal plan, he has the duty to deliver the relevant land or structure to the project implementer for the execution of the project.

Meanwhile, as seen earlier, the management and disposal plan of the instant project was authorized and publicly announced, the Defendant, the possessor of the instant real estate, is obligated to deliver the instant real estate to the Plaintiff, barring special circumstances.

3. The defendant's assertion does not establish measures corresponding to the religious site, such as the plaintiff's horizontal movement or retention of the religious site to the Diplomatic Association, and seeks the delivery of the real estate of this case.