A. The Plaintiff was a cooperative established for the redevelopment and rearrangement project for A district housing (hereinafter “instant rearrangement project”) in Suwon-gu, Busan, with the authorization of May 26, 2008, and obtained the authorization of the management and disposal plan under Article 49 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on October 29, 2014, and the said management and disposal plan was publicly announced on November 5, 2014.

B. Within the instant rearrangement project zone, Defendant B is a person possessing the real estate listed in the attached Table 1; Defendant C is a person possessing the real estate listed in the attached Table 2; Defendant D is a second floor among the real estate listed in the attached Table 3; Defendant E is a person possessing the second floor among the real estate listed in the attached Table 4; Defendant F is a person possessing the second floor among the real estate listed in the attached Table 5; and the owner of the said real estate is a person subject to cash settlement who did not apply for parcelling-out to the Plaintiff.

C. The Plaintiff filed an application for adjudication of expropriation with the Busan Metropolitan City Regional Land Expropriation Committee on the ground that no agreement on compensation for losses between the owners of the said real estate was reached. On September 14, 2015, the date of commencement of expropriation was October 30, 2015 by the said Land Expropriation Committee, and the Plaintiff, a project implementer, accepted the said real estate within the project zone for the instant rearrangement project and paid compensation for losses to the owners thereof.

The Plaintiff deposited each of the compensation for losses to the owners of the above real estate on October 2015 according to the above acceptance ruling.

[Reasons for Recognition] Gap evidence Nos. 1 through 18, Eul evidence Nos. 1 through 4 (including each number), the purport of the whole pleadings

2. Determination

A. According to Article 49(6) of the Act on the Determination of Grounds for Claim, when the authorization of a management and disposal plan is publicly notified, the owner, superficies, person having a right, lease right, etc. of the previous land or structure shall be the previous land or structure.