1. 피고는 원고에게 별지 목록 기재 부동산 중 별지 도면 표시 ㉠, ㉡, ㉢, ㉣, ㉠의 각 점을...

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and rearrangement project association whose project implementation district covers 33,445.0 square meters in Dong-gu, Gwangju Metropolitan City. The Plaintiff obtained authorization to establish the association on April 30, 2008 from the head of the Dong-gu, Gwangju Metropolitan City, the authorization to implement the project on November 6, 2014, and the authorization to implement the management and disposal plan on October 5, 2015 from the head of the Dong-gu, Gwangju Metropolitan City. The head of the Dong-gu publicly notified the details of the authorization to implement the management and disposal plan on October

B. The Defendant leased real estate 62.81 square meters in the order located within the Plaintiff’s rearrangement zone (hereinafter “instant real estate”) and operated its business in D’s trade name.

C. The Plaintiff filed an application for adjudication of expropriation with the Gwangju Metropolitan City Regional Land Expropriation Committee, which did not reach an agreement on business compensation with the Defendant. On January 18, 2016, the said Committee rendered a ruling of expropriation that the Plaintiff accepted business rights from the Defendant and determined the amount of business compensation for the Defendant as KRW 5,000,000 on March 3, 2016.

The Plaintiff deposited business compensation with the Defendant on February 24, 2016 according to the above acceptance ruling.

[Ground of recognition] Unsatisfy, Gap 1-6 evidence, the purport of the whole pleadings

2. Determination:

A. When the approval of a management and disposal plan under Article 49(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) is publicly announced, the use and profit of the right holder, such as the owner, superficies, leaseer, etc. of the previous land or buildings 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); barring any special circumstance, the Defendant is obligated to deliver the instant real estate located in the business area of the rearrangement project of this case to the Plaintiff who acquired the right to use and benefit pursuant to

B. The defendant is a compensation for suspension of work among the business compensation.