1. The Defendant shall deliver to the Plaintiff the part of 76.05 square meters on the second floor among the real estate listed in the attached list.

2. The costs of lawsuit shall be.

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and rearrangement project association that has obtained authorization for the establishment of the association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) with the Daegu Seo-gu Seoul District as a project implementation district

B. On September 21, 2018, the Plaintiff received an approval for the management and disposal plan from the head of Seo-gu Metropolitan City on September 21, 2018 from the head of the Gu, and the head of Seo-gu Metropolitan City notified of the approval for the management and disposal plan on October 1, 2018.

C. The Defendant is the owner of the real estate indicated in the attached list in the Plaintiff’s project implementation district (hereinafter “instant real estate”) and the possessor of the second floor of 76.05 square meters among the said real estate.

On December 4, 2019, the Daegu Metropolitan City Regional Land Expropriation Committee decided to expropriate the instant real estate on January 22, 2020.

E. On January 22, 2020, the Plaintiff deposited KRW 286,483,390 as compensation for losses for the instant real estate in the above ruling of expropriation with the Defendant as the principal deposit.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2-2, 3-1, 2-2, and the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the main sentence and proviso of Article 81(1)2 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Land Compensation Act”), a right holder, such as the owner, superficies, leasee, etc. of the previous land or structure, shall not use or profit from the previous land or structure until the date of public announcement of the approval of the management and disposal plan, if the public announcement of the approval plan is made: Provided, That the same shall not apply where the compensation for losses under the Act on

In addition, according to Articles 40(1), 45(1), and 43 of the Land Compensation Act applied mutatis mutandis in accordance with the main sentence of Article 65(1) of the Urban Improvement Act, a project operator shall pay the compensation adjudicated by the competent Land Tribunal by the commencement date of expropriation or use.