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. On September 9, 2008, the Plaintiff is a housing redevelopment and consolidation project association that obtained authorization for the establishment of a project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

B. The head of Seongbuk-gu Seoul Metropolitan Government publicly notified the Plaintiff’s project implementation authorization on March 20, 2014; publicly notified the project implementation authorization on October 13, 2015; and on March 31, 2016, approved the management and disposition plan (hereinafter “the instant management and disposition plan”); and publicly notified the same on the same day.

C. The defendant is the owner of the real estate as stated in the Disposition No. 1 located in the project implementation district.

The Plaintiff deposited KRW 458,652,930 on September 12, 2018 by the local Land Tribunal of Seoul Special Metropolitan City on July 27, 2018 on the ground that the Defendant was deposited as the deposited person and deposited KRW 458,652,930.

[Ground of recognition] Each entry of Gap evidence Nos. 1, 3 through 6 (including additional number, if any) and the purport of the whole pleading

2. Determination

A. When a public notice of a management and disposal plan stipulated in the Act on the Determination of the Grounds for Claims is given, the use and profit-making by right holders, such as owners, superficies, persons having a right to lease on the previous land or buildings, and leasers, shall be suspended, and the project implementer may use and profit from the former land or buildings (see, e.g., Supreme Court en banc Decision 91Da22094, Dec. 22, 1992; Supreme Court Decision 2009Da53635, May 27, 2010). Therefore, the Defendant is obligated to deliver the real estate stipulated in Paragraph (1) of the disposition that the Defendant acquired the right to use and profit in accordance with the public notice of

B. The defendant's assertion argues that although the defendant is liable to pay the interest in arrears of the liquidation amount to the plaintiff, the obligation to pay the interest in arrears of a certain period should be paid in advance or simultaneously.