The Defendant shall deliver to the Plaintiff one story of 78 square meters among the buildings listed in the attached Table.

The costs of lawsuit shall be borne by the defendant.

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and consolidation project association that has obtained authorization from the head of Bupyeong-gu Incheon Metropolitan City Bupyeong-gu Office to implement a housing redevelopment and rearrangement project (hereinafter “instant project”) pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), which designates the area of project of 80,720 square meters as the project implementation district of Bupyeong-gu Incheon Metropolitan City.

B. The Defendant is a lessee of the real estate indicated in the attached list in the instant project zone (hereinafter “instant real estate”).

C. On April 10, 2019, the Plaintiff received the approval of the management and disposal plan from the head of Bupyeong-gu Incheon Metropolitan City Bupyeong-gu, and the management and disposal plan was publicly notified on the same day.

On October 27, 2020, the Plaintiff deposited KRW 1,654,372 as the Defendant in the name of the movable property transfer expense under the Incheon District Court Decision 2020No. 11714.

【Ground for recognition】 Evidence No. 1, Evidence No. 2-1, 2, and 3-2, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The gist of the party’s assertion is that the Plaintiff sought to deliver the instant real estate to the Defendant in accordance with the public notice of the approval plan for the management and disposal plan, and that the Defendant cannot deliver the instant real estate until the director’s expenses are paid.

B. (1) Article 81(1) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor provides that “Any right holder, such as the owner, superficies, leasee, etc. of the previous land or building shall not use or benefit from the previous land or building until the date of public announcement of the approval of the management and disposal plan under Article 78(4), unless the approval of the project implementer is obtained or the compensation for losses under the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor is not completed.”

(2) As seen earlier, the management and disposition plan authorized by the Plaintiff was publicly announced on April 10, 2019, and the Plaintiff.