1. The Defendant points out each of the attached drawings indication 1, 2, 3, 4, and 1 among the first floor of the real estate stated in the attached sheet to the Plaintiff.

Facts of recognition

The Plaintiff is an organization organized by owners of land, etc., who are project implementers, with the aim of promoting an urban environment improvement project to construct buildings, such as housing, on the ground as a rearrangement project zone of Dongdaemun-gu Seoul Metropolitan Government, Dongdaemun-gu, which includes the site of the real estate indicated in the attached Form (hereinafter referred to as “instant real estate”).

피고는 이 사건 부동산 1층 중 별지 도면 표시 ㄱ, ㄴ, ㄷ, ㄹ, ㄱ의 각 점을 순차로 연결한 선내 ㈎부분 3.30㎡(이하 ‘피고 점유부분’이라 한다)를 점유하고 있다.

On August 17, 1996, the head of Dongdaemun-gu established a rearrangement plan for the above rearrangement project zone and publicly announced it to the residents, and publicly announced it to the Plaintiff on September 11, 2014, the authorization for the implementation of the project, the authorization for the management and disposal on November 26, 2015, and the public announcement of the management and disposal plan on November 26, 2015.

【In the event that a management and disposal plan is authorized and announced pursuant to Article 49(6) and (3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”), the former owner, a person having a right to lease on a deposit basis, and a lessee shall be suspended from using and making profits from the subject matter, and the project implementer shall be able to use and make profits from the subject matter delivered to start the project (see, e.g., Supreme Court Decision 2009Da28394, Nov. 24, 2011). According to the above facts of recognition, the Defendant is obligated to deliver the Defendant’s occupied portion of the instant real estate to the Plaintiff.

In this regard, the defendant asserts that he cannot respond to the plaintiff's claim until he receives compensation for housing relocation expenses, but according to Article 9-2 (3) of the Enforcement Rule of the Urban Improvement Act, in order for the tenant to receive compensation for housing relocation expenses, the tenant must reside in the relevant improvement zone as of the date of public announcement of public announcement of the improvement plan. It is recognized that the defendant was residing in the possession part of the real estate of this case on August 17, 199