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

3...

A. The Plaintiff is a project implementer of an urban development project whose project area covers the Nam-gu Incheon Metropolitan Government B and C (hereinafter “instant urban development project”).

B. The Defendant occupied and used the instant real estate as a person who owned the real estate indicated in the separate sheet located in the instant urban development project zone (hereinafter “instant real estate”).

C. On September 30, 2013, the Mayor of Incheon Metropolitan City publicly announced the authorization of the implementation plan for the instant urban development project pursuant to Articles 17 and 18 of the Urban Development Act.

As the Plaintiff did not reach an agreement with the Defendant to acquire the instant real estate, the Plaintiff filed an application for adjudication of expropriation with the Incheon Metropolitan City Regional Land Expropriation Committee, and on May 18, 2017, the said Regional Land Expropriation Committee rendered a ruling of expropriation on July 12, 2017 to the Defendant, the owner of the instant land, on the commencement date of expropriation.

E. On July 7, 2017, the Plaintiff deposited the full amount of compensation determined by the above expropriation ruling with the Defendant as a depositee. On August 9, 2017, the Plaintiff completed the registration of ownership transfer on the instant real estate based on expropriation.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. According to Article 22 of the Urban Development Act, a project implementer may expropriate or use land, etc. necessary for an urban development project, and the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Act”) shall apply mutatis mutandis to the expropriation or use of land, etc. resulting therefrom.

Meanwhile, according to the Public Works Act, a project operator shall acquire ownership of land or goods on the commencement date of expropriation decided by the competent Land Tribunal (Article 45(1)), pay or deposit compensation adjudicated by the Land Tribunal by the commencement date of expropriation (Article 40(1) and (2). If a project operator pays or deposits compensation by the commencement date of expropriation.