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

A. The Plaintiff is an association established to implement a housing redevelopment improvement project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) in the Seoul Northern-gu Seoul Northern-gu.

B. On March 23, 2015, the Plaintiff obtained authorization from the head of the Gu from North Gwangju Metropolitan City, and obtained authorization to implement the project on March 31, 2017.

After that, on November 15, 2017, the management and disposal plan of the instant project was authorized, and the said authorization was publicly announced on November 16, 2017.

C. The Defendants are owners of each building listed in the separate sheet of real estate located within the implementation zone of the instant project (hereinafter “each building of this case”).

On August 9, 2018, the Plaintiff filed an application for adjudication to expropriate each building of this case with the Seoul Metropolitan City Regional Land Expropriation Committee (hereinafter “instant adjudication to expropriate”) and deposited each compensation set forth in the said adjudication to the Defendants on September 20, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. Determination as to the cause of action

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 of the previous land or structure, may not use or benefit from a management and disposition plan when the authorization of a management and disposition plan is publicly announced. However, the foregoing provision does not apply where the project operator’s consent or the compensation for losses under the Act on the Acquisition of Land, etc.

According to the main sentence of Article 65 (1) of the Act, the Land Compensation Act shall apply mutatis mutandis to the expropriation or use of ownership and other rights of land or buildings for the implementation of a housing redevelopment improvement project within a housing redevelopment improvement zone, except as otherwise expressly provided for. According to the Land Compensation Act, the project implementer shall be determined by the competent Land Tribunal by its ruling.