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

2. The costs of lawsuit shall be borne by the defendant.

1. Facts of recognition;

A. Pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Plaintiff is a housing redevelopment and consolidation project association that completed the registration of incorporation on May 16, 2012 for the purpose of implementing a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) whose project implementation district covers 102,769.10 square meters in Seo-gu, Daejeon Special Metropolitan City.

B. The Defendant, as the owner of the real estate listed in the attached list of real estate located within the instant rearrangement project zone (hereinafter “instant real estate”), occupies it.

(including indirect possession through a lease to Company D and E).

The Plaintiff received the authorization of project implementation on October 27, 2016 with respect to the instant rearrangement project from the head of Daejeon District Office, and the authorization of the management and disposal plan on February 9, 2018, respectively, and the head of Daejeon District Office publicly notified the approval date respectively.

(F) Seo-gu Seoul Metropolitan City Notice F, G).

On January 25, 2019, the Plaintiff filed an application for adjudication of expropriation with the Land Tribunal of Daejeon Metropolitan City on the instant real estate, and deposited KRW 2,268,097,220, which is the full amount of compensation for the instant real estate as stipulated in the adjudication of expropriation, with respect to the said Defendant on February 22, 2019 (hereinafter “instant adjudication of expropriation”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. Determination

A. 1) The Plaintiff, at the time of the filing of the instant lawsuit, filed the instant lawsuit without having the right to request the delivery of the instant real estate since there was no adjudication on expropriation of the instant real estate at the time of the filing of the instant lawsuit, and the Defendant did not actually occupy the instant real estate, and thus, the instant lawsuit is unlawful.

B. In a lawsuit for performance of judgment, a person who asserts that he/she is the person entitled to claim performance has standing to sue and has the standing to be the defendant, and the plaintiff and the defendant are actually the defendant.