1. The defendant shall deliver to the plaintiff the real estate indicated on the attached real estate.

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

1. Basic facts

A. The Plaintiff is a housing reconstruction and improvement project association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a housing reconstruction improvement project with the size of 36,243.80 square meters as an improvement zone in Changwon-si, Changwon-si.

B. On September 29, 2017, the Changwon Mayor approved and publicly notified the Plaintiff’s management and disposition plan (hereinafter “instant management and disposition plan”).

C. The Defendant, as the husband of the lessee D of the attached real estate located in the Plaintiff’s rearrangement zone (hereinafter “instant real estate”), occupied and used the said real estate together with D.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. Article 49(6) main text of the Act on the Determination of Grounds for Claims provides that “When the authorization of the management and disposal plan is publicly announced, owners, superficies, persons having rights, lease right, etc. of the previous land or buildings may not use or profit from the previous land or buildings until the date of the public announcement of transfer under Article 54.” Thus, when the approval of the management and disposal plan is publicly notified, the use of or profit from the owners, persons having rights, such as superficies, persons having rights, lease right, etc. of the previous land or buildings shall be suspended, and the project operator shall be allowed to use or profit from the former land or buildings (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). Therefore, the Defendant, as the lessee D and its husband whose use or profit from the instant real estate has been suspended pursuant to the public announcement of the management and disposal plan of this case

3. Judgment on the defendant's assertion

A. The defendant cannot respond to the plaintiff's claim before receiving the legitimate relocation allowance from the plaintiff.