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.The following facts of recognition do not conflict between the parties, or may be admitted by adding together the whole purport of the pleadings to each entry in Gap evidence of Nos. 1 to 9 and 11 to 13 (including the branch numbers if any):

The plaintiff is a housing redevelopment project association established to implement a housing redevelopment project with the Busan Dong-gu C Headquarters as a project implementation district (project implementation district) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act"), and has obtained approval for the establishment of a project, approval for a project implementation plan, and approval for the modification thereof, as

1) Approval of a project implementation plan on September 21, 2007 (2) approval of the establishment of an association) approval of the project implementation plan on November 18, 2008, and approval of the first project implementation plan on May 24, 2010 (public notice on June 3, 2010) approval of the first project implementation plan on July 23, 2012 (public notice on August 1, 2012) approval of the second project implementation plan on July 23, 2013 (public notice on August 10, 2012), 3) approval of the second project implementation plan (public notice on July 10, 2013) approval of the second project implementation plan on September 19, 2014 (public notice on September 24, 2014).

B. Meanwhile, the Defendant, as the owner of the real estate listed in the attached list in the said project implementation district (hereinafter “instant real estate”), filed an application for parcelling-out with the Plaintiff on August 19, 2013, but continues to occupy the instant real estate until the date of closing the argument in the instant case.

2. Determination

A. When a public announcement of a management and disposal plan under Article 49(3) of the Act on the Determination of Grounds for Claim is made, any right holder, such as the owner, superficies, leasee, and lessee of the previous land or structure, may not use or benefit from the previous land or structure until the date of public announcement of transfer under Article 54 of the same Act, and the project implementer may use or benefit from the former land or structure (see, e.g., Supreme Court Decision 2012Da62561, Jul. 24, 2014). Therefore, the right holder whose use or benefit has been suspended shall acquire the right to benefit from the use or profit from the former project implementer.