A. Defendant B: The real estate listed in Appendix 1;

B. Defendant D’s real estate listed in Appendix 2,

(c) the defendant.

A. The Plaintiff is a Housing Redevelopment and Improvement Project Association established to implement a housing redevelopment and improvement project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) by setting the total area of 55,705 square meters of G G in Nam-gu, Incheon Metropolitan City as a project implementation district.

B. On February 15, 2019, the Plaintiff obtained authorization of the management and disposal plan concerning the instant rearrangement project from the head of Nam-gu Incheon Metropolitan City, and the said authorization was publicly notified on the same day.

C. The Defendants are owners of each real estate listed in Paragraph (1) of this Article located within the project implementation district (hereinafter “each of the instant real estate”), and are currently possessing each of the said real estate.

The Plaintiff filed an application for adjudication of expropriation with the Incheon Metropolitan City Regional Land Expropriation Committee, which did not consult with the Defendants, and on September 25, 2019, the said Committee rendered a ruling to accept each of the instant real estate as of November 27, 2019 from the date of expropriation.

E. On October 30, 2019, the Plaintiff deposited each of the compensation for losses as stipulated in the above ruling with the Defendants as deposited.

[Ground of Recognition] Defendant B and D: Evidence Nos. 1, 2-1, 7, 3, and 4 of Evidence Nos. 2-1, 5-1, and 5-3 of Evidence Nos. 5-1, and the purport of the whole pleadings, Defendant F: Confession (Article 208(3)2 of the Civil Procedure Act and the main text of Article 150(3) of the Civil Procedure Act)

2. Determination

A. According to Article 81(1) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor, a right holder, such as the owner, superficies, leaseer, etc. of the previous land or structure, may not use or benefit from the previous land or structure unless the consent of the project implementer is obtained or the compensation for losses under the Act on the Acquisition of Land, etc. for Public Works and the Compensation

The Plaintiff’s management and disposal plan concerning the instant improvement project was authorized and publicly announced, and the Plaintiff’s acceptance ruling constitutes deposits, respectively.