1. The defendant shall deliver to the plaintiff the building indicated 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 partnership established to implement a housing redevelopment improvement project (hereinafter “instant improvement project”) on the area of 86,360.80 square meters in Gwangju Northern-gu Seoul Northern-gu Seoul Special Metropolitan City.

B. The Defendant is the owner of the building indicated in the attached list within the above improvement project zone (hereinafter “instant building”), who has not filed an application for parcelling-out within the period of parcelling-out.

C. On January 22, 2019, the head of Gwangju Metropolitan City North Korean government approved the management and disposal plan for the Plaintiff, and announced it as D public notice of the North Korean district in Gwangju Metropolitan City on January 30, 2019.

On October 30, 2019, the Plaintiff received a ruling of expropriation from the Gwangju Metropolitan City Regional Land Tribunal as of December 14, 2019. On December 17, 2019, the Plaintiff deposited KRW 157,25,750 of the compensation for the adjudication of expropriation of the instant building, etc. with the deposited person as the Defendant under the Gwangju District Court Decision No. 2010, Dec. 17, 2019.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination

A. Judgment on the cause of the claim 1) The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

Article 81 (1) provides, "No right holder, such as the owner, superficies, person having a right to lease, lease, etc. of the previous land or building may use or profit 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): Provided, That this shall not apply where the compensation for losses under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects has not been completed."

In addition, Article 40 (1) of the Act on Public Works, which applies mutatis mutandis under Article 65 (1) of the Act on the Maintenance of Urban Areas, shall be paid by the competent Land Tribunal until the commencement of expropriation or use, except for the cases of use under Article 38 or 39.