1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

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

3...

1. Basic facts

A. The Plaintiff is a housing redevelopment project implementer that obtained authorization from the head of the Daegu-gu Dong-gu Seoul Metropolitan Government on March 25, 2015 to implement a housing redevelopment improvement project (hereinafter “instant project”) with the area of 46,84m2 in Daegu-gu, Daegu-gu Seoul Metropolitan City, and completed the establishment registration on April 2, 2015, and is the project implementer of the instant project.

B. On February 8, 2017, the head of Daegu Metropolitan City Dong-gu imposed a disposition to authorize the implementation of the instant project on the Plaintiff. On February 10, 2017, he/she publicly announced the disposition to authorize the implementation of the instant project, and on June 1, 2018, he/she publicly announced the disposition to authorize the implementation of the instant project on June 11, 2018.

C. The Defendant is the lessee of the real estate indicated in the separate sheet (hereinafter “instant real estate”) located within the instant project zone.

On the other hand, on April 25, 2019, the Plaintiff deposited KRW 1,200,000 for the adjudication of expropriation relating to the movable property transfer cost with the Defendant as the principal deposit.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 8 (including each number), the purport of the whole pleadings

2. Determination

A. Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) provides that “When the authorization of a management and disposal plan is publicly announced, a right holder, such as the owner, superficies, leaseer, etc. of the previous land or structure, shall not use or benefit from the previous land or structure by the date the transfer is publicly announced under Article 8

Therefore, if a disposition of approval of a management and disposal plan is publicly notified, use or profit-making of the previous owner of the subject matter is suspended, so the project implementer can use or profit from the subject matter without any separate procedure of expropriation or use (see, e.g., Supreme Court Decisions 2009Da28394, Nov. 24, 201; 2017Da289712, May 15, 2018).

According to the above facts, the head of Daegu Metropolitan City Dong-gu is the project implementer of the project in this case on June 1, 2018.