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

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

3.Paragraph 1.

1. Facts of recognition;

A. The Plaintiff is a housing reconstruction and improvement project association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) which has obtained an approval for establishment from the head of Gangnam-gu Seoul on October 14, 2003 in order to remove the previous multi-unit housing, etc. on the ground in the project area with the area of 39,741.7 square meters in Gangnam-gu, Seoul and remove the previous multi-unit housing, etc. on that ground, and reconstruct the apartment housing and auxiliary welfare facilities (hereinafter “instant project”).

B. On October 14, 2017, the Defendant leased real estate in the Plaintiff’s instant business area from D, and is residing there around that time.

C. The Plaintiff received authorization for the implementation of the instant project from the head of Gangnam-gu, ① the Plaintiff’s project implementer on April 28, 2016, ② the authorization for the management and disposal plan was received on April 6, 2018, and ③ the head of Gangnam-gu publicly announced the authorization for the management and disposal plan on April 13, 2018.

[Ground of recognition] Facts without dispute, Gap's evidence 1 to 5, Gap's evidence 7-3, the purport of the whole pleadings

2. The main text of Article 81(1) of the Act on the Determination of Urban Improvement provides, “When the authorization of the management and disposition plan is publicly announced, any right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or structure, shall not use or profit from the previous land or structure until the date of the public announcement of transfer under Article 86.” Thus, when the public announcement of the approval plan for the management and disposition plan is made, use or profit from the former land or structure by the right holder, such as the owner, superficies, leasee, etc., shall be suspended, and the project implementer may use or benefit from the former land or structure (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). Therefore, the defendant, who