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...

Basic Facts

The Plaintiff was established for the purpose of housing redevelopment and rearrangement project (hereinafter “instant project”) with the large-scale Suwon-gu Seoul Metropolitan City area of 35,63 square meters as a project implementation district, and was approved by the head of the Daegu Metropolitan Government on June 26, 2015.

On March 29, 2018, the head of the Gu of Daegu Metropolitan City authorized the Plaintiff to implement the project in this case, and approved the management and disposition plan on March 21, 2019, and notified the Plaintiff of the management and disposition plan on April 1, 2019.

The Defendant is occupying the instant real estate as a lessee of the real estate in the attached list in the instant project zone (hereinafter “instant real estate”).

[Based on the fact that there is no dispute, each entry in Gap's evidence Nos. 1 through 5 (including additional numbers), determination of the purport of the whole pleadings, and Article 81 (1) of the Act on the Improvement of Residential Environments and Dwelling Conditions, Article 81 of the Act provides that "when the authorization of a management and disposition plan is publicly announced, a right holder, such as a landowner, superficies, person with superficies, leaser, etc. of the previous land or structure, shall not use

Therefore, inasmuch as a disposition of a management and disposal plan is publicly notified, the former owner’s use and profit-making of the subject matter is suspended, so the project implementer is entitled to use and profit-making without any separate procedure for expropriation or use of the subject matter (see, e.g., Supreme Court Decisions 2009Da28394, Nov. 24, 201; 2017Da289712, May 15, 2018). The fact that the management and disposal plan regarding the instant project was publicly notified on April 1, 2019 is as seen earlier, so the Defendant, the lessee of the instant real estate, is obligated to deliver the instant real estate to the Plaintiff.

In conclusion, the plaintiff's claim shall be accepted on the ground of the reasons and it is decided as per Disposition.