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. Facts of recognition;

A. The Plaintiff is a housing redevelopment project partnership whose project area covers approximately 63,231 square meters in Eunpyeong-gu Seoul Metropolitan Government, including the site for real estate in the attached list, and the Defendant is the owner of real estate in the attached list and is the Plaintiff’s member who applied for parcelling-out within the period of application publicly notified by

B. On December 30, 2008 and September 26, 2013, the Plaintiff obtained authorization for the establishment of a management and disposition plan from the head of Eunpyeong-gu Seoul Metropolitan Government, the Plaintiff held a general meeting on July 29, 2014 and passed the agenda, such as “case of the formulation of a management and disposition plan,” etc., and obtained authorization for the management and disposition plan from the head of Eunpyeong-gu Seoul Metropolitan Government on May 7, 2015. The head of Eunpyeong-gu Seoul Metropolitan Government announced the contents of authorization for the management and disposition plan on

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings

2. The assertion and judgment

A. When the public notice of approval of a management and disposal plan prescribed in Article 49(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents is given as to the cause of the claim, the use and profit-making of the right holder, such as the owner, superficies, leasee, and lessee of the previous land or building, shall be suspended pursuant to Article 49(6) of the same Act, and the project implementer may use and profit from the former land or building (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). Therefore, according to the public notice of approval of the management and disposal plan of this case, the defendant, the owner of which

B. As to the Defendant’s assertion, the Defendant had excessively unfair and equitable appraisal value of the Defendant’s real estate in the rearrangement project zone, and accordingly, filed a lawsuit against the Plaintiff seeking partial revocation of the management and disposition plan (Seoul Administrative Court 2015Guhap669).