1. The defendant shall deliver to the plaintiff the real estate listed in Paragraph 3 of the list of attached real estate.

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

1. The following facts can be acknowledged in full view of the purport of the entire pleadings in each statement in Gap evidence Nos. 1 to 6.

The plaintiff is a housing redevelopment and consolidation project association whose business area covers Seongbuk-gu Seoul Metropolitan Government Seoul pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act"), and the defendant is the owner and occupant of the real estate listed in paragraph (3) of the list of real estate attached to the business area (hereinafter

B. The Plaintiff received authorization from the head of Seongbuk-gu Seoul Office to establish an association on April 27, 2010, and authorization to implement a project on November 26, 2013, respectively, and on March 18, 2016, the Plaintiff’s management and disposal plan was approved and announced on March 24, 2016.

C. On October 28, 2016, upon the Plaintiff’s request, the Seoul Special Metropolitan City Regional Land Tribunal rendered a ruling of expropriation as of December 16, 2016, with the commencement date of expropriation as of October 28, 2016, and accordingly, the Plaintiff deposited the full amount of compensation for losses determined by the said ruling with the Defendant as the depositee on December 9, 2016.

2. Determination

A. According to the above facts of determination as to the cause of claim, the plaintiff is the implementer and the defendant is the owner and the occupant of the real estate in this case within the rearrangement zone. If the management and disposal plan is authorized and publicly notified pursuant to Article 49(3) and (6) of the Act, the use and profit of the right holder, such as the owner and lessee of the previous building, etc. is suspended. Thus, the defendant is obligated to deliver the real estate in this case to the plaintiff who became entitled to use and profit from the above authorized announcement.

B. As to the defendant's assertion, the defendant did not receive the compensation for loss, and the defendant cannot accept the plaintiff's claim until he receives the resettlement funds, the relocation expenses, and the relocation expenses.

However, as long as the plaintiff deposited a loss as determined by the expropriation ruling, it is referred to in Article 49 (6) of the Urban Improvement Act.