1. The defendant shall deliver the part of the building indicated in the attached list to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3...

1. Facts of recognition;

A. The Plaintiff is a housing reconstruction and improvement project association that obtained authorization from the head of Seocho-gu Seoul Metropolitan Government on March 9, 2015 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a reconstruction project in Seocho-gu Seoul Metropolitan Government.

B. The head of Seocho-gu approved the project implementation plan on July 13, 2016 to the Plaintiff, and the head of Seocho-gu approved the management and disposal plan on December 21, 2017 and announced it on December 28, 2017.

C. The building indicated in the attached list is located within the project implementation district, and the defendant occupies this part as a lessee of the part of “the part to be handed over” stated in the above list.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-5, the purport of the whole pleadings

2. Assertion and determination

A. Article 81(1) of the Act on the Determination of the Grounds for Claim provides that when a public announcement of the authorization of a management and disposal plan is made pursuant to Article 78(4), the owner, superficies, leasee, etc. of the previous land or building may not use the previous land or building or benefit therefrom until the date of the public announcement of transfer under Article 86, unless there exist any grounds stipulated in the following subparagraphs:

As seen above, since the public notice of the approval of the management and disposal plan was given to the Plaintiff, the Plaintiff, the project implementer, may proceed with the project by removing buildings in the rearrangement zone, etc., and for this purpose, the right holder of the land or building shall transfer the land or building he/she possesses to the project implementer.

Therefore, barring special circumstances, the Defendant is obligated to deliver the above building occupied by the Plaintiff to the Plaintiff.

B. The defendant's assertion 1 is appropriate even though the head of Seocho-gu completed the prior consultative body and submitted the operation plan before applying for authorization for the implementation of the project.