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

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

3...

1. Basic facts

A. As the implementer of the Bogeumjari Housing Project, the Plaintiff was the owner of the instant land after consultation about the acquisition of public land, and completed the registration of ownership transfer on September 20, 2012.

B. On September 14, 2012, the Plaintiff agreed with C, the owner of the instant building, and the compensation for the removal or relocation of the instant building, etc. at KRW 237,815,800, and paid compensation to C on September 27, 2012.

C. On February 22, 2013, the Central Land Tribunal: (a) determined compensation 48,455,000 won; and (b) rendered a ruling of expropriation on April 17, 2013 regarding “the Defendant’s business rights, etc., operating in the instant building, as a lessee of the instant building; (c) the date of commencement of expropriation.”

On April 15, 2013, the Plaintiff deposited 48,455,000 won to the Defendant.

The Defendant used the instant land as a site until the date of closing the argument of the instant case, and continues to conduct business in the instant building.

[Judgment of the court below] The ground for recognition is without merit, Gap evidence Nos. 1- 8, and the ground for appeal

2. The parties' assertion and judgment

A. 1) The owner of the building of this case is as follows. 2) The defendant is the owner of the building of this case, and the defendant is only the possessor of the building of this case as the lessee of the building of this case.

Therefore, since the possessor of the instant land, which is the site for the instant building, is C, the Defendant is not obligated to deliver the instant land to the Plaintiff.

(b) Article 27 (1) of the Special Act on the Construction of Bogeumjari Housing, etc. under relevant Acts and subordinate statutes may expropriate or use land, etc., if necessary to develop a housing zone;

(6) Except as otherwise expressly provided for in this Act, the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects shall apply to the expropriation or use of land, etc. under paragraph (1).

Article 43 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor, and