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

3...

A. The Plaintiff is a housing redevelopment and rearrangement project association established to implement a housing redevelopment and rearrangement project (hereinafter “instant project”) with a size of 44,457.90 square meters in Bupyeong-gu, Incheon Metropolitan City as an improvement zone.

B. The Plaintiff received a management and disposal plan on October 25, 2016 regarding the instant project, and the head of Bupyeong-gu Incheon Metropolitan City publicly notified the management and disposal plan on the same day.

C. The Defendant, as the owner of the real estate listed in the separate sheet in the instant project zone (hereinafter “instant real estate”), occupies and uses the real estate.

On November 29, 2017, the Plaintiff filed an application for adjudication of expropriation because it did not reach an agreement with the Defendant on compensation for losses, and received the adjudication of expropriation on January 23, 2018 from the Land Tribunal of Incheon Metropolitan City on the commencement date of expropriation.

E. On January 22, 2018, the Plaintiff deposited KRW 888,092,160,000, which was the sum of the compensation for losses under the above confinement ruling, as prescribed by the Incheon District Court Decision No. 745 in 2018.

In addition, on June 21, 2018, the Central Land Expropriation Committee increased the compensation to the defendant to KRW 948,406,300 by filing an objection against the above expropriation ruling by the defendant, and on July 27, 2018, the plaintiff additionally deposited KRW 60,314,140, which is the difference between the amount of the previous deposit and the amount of the previous deposit.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4 through 6, 11 and 12, the purport of the whole pleadings

2. Determination

A. According to Article 49(3) and (6) of the former Act on the Improvement of Urban and Residential Environments (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “Urban Improvement Act”), when a management and disposal plan under the said Act is authorized and publicly announced, and the compensation for losses arising from the expropriation of land, etc. is completed, the use and profit of the right holder, such as the owner, lessee, etc. of the previous land or buildings in the project implementation district, shall be suspended, and the project implementer may use and profit from the said land