A. The Plaintiff is a housing redevelopment and maintenance project association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) with the Bupyeong-gu Incheon Metropolitan Government D Large Project Zone as its project area.

B. The Defendants occupied and used each of the instant real estate as owners of each real estate indicated in the “mark of the real estate to be delivered” among the indications of the real estate to be delivered to each Defendant (hereinafter “instant real estate”).

C. The Plaintiff was authorized by the head of Bupyeong-gu Incheon Metropolitan City to establish an association on December 16, 2009; the authorization to implement the project on August 22, 201; and the authorization to implement the management and disposal plan on February 29, 2016; and was publicly notified on the same date as the authorization to implement the management and disposal plan.

As the Plaintiff did not reach an agreement to acquire each real estate of this case, the Plaintiff filed an application for adjudication of expropriation with the competent Regional Land Tribunal of Incheon Metropolitan City, and on October 25, 2016, the said Regional Land Tribunal determined the commencement date of expropriation as December 14, 2016 with respect to the Defendants, the owners of the instant land, and rendered adjudication of expropriation.

On December 12, 2016, the Plaintiff deposited the full amount of compensation stipulated in the above acceptance ruling against the said Defendants.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 through 9 (including paper numbers, but Gap's 4 and 9 are the corresponding parts 1, 20,00) and the purport of the whole pleadings

2. Determination

A. Article 49(6) of the Act on the Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Act on the Acquisition of Land, etc.”) provides that “When a public announcement of an authorized management and disposal plan is made, a right holder, etc. of the previous land or structure shall not use or profit from the previous land or structure until the date of the public announcement of relocation under Article 54; however, the same shall not apply to a right holder whose compensation for losses is not completed under Article 40 of the Act on the Acquisition of and Compensation for Land, etc.

On the other hand.