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

3...

A. The Plaintiff is an association established for the housing redevelopment business of Gyeyang-gu Incheon Metropolitan City C.

The head of Gyeyang-gu Incheon Metropolitan City shall approve the management and disposal plan of the plaintiff on July 24, 2017, and publicly notify it on July 28, 2017.

B. Each real estate listed in the separate sheet is owned by Nonparty D and E, and real estate listed in the separate sheet No. 1 (hereinafter “real estate No. 1”) is owned by Nonparty D and E, and real estate listed in the separate sheet No. 2 (hereinafter “second real estate”) is owned by the Defendant and F.

C. After leasing the first real estate from E, the Defendant operates a restaurant with the trade name called G in the first and second real estate.

(Provided, That the name of the representative on the business report certificate is Nonparty F).

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 17, 2018, the Plaintiff deposited the full amount of KRW 61,025,000 for compensation under the above confinement ruling with the Defendant as a depositee in Incheon District Court Decision No. 710 in 2018.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-2, 4, Gap evidence 4, 5, 6, 10, Gap evidence 12-4, Eul evidence 2, and 3

2. Determination

(a) When a management and disposal plan is authorized and publicly announced pursuant to Article 81 (1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act"), a right holder, such as the owner, superficies, person having a right to lease, lease, etc. of the previous land or buildings shall not use or profit from the previous land or buildings until the date of public announcement of relocation under Article 86 of the Urban Improvement Act,

Therefore, the defendant whose use or profit as the owner or lessee has been suspended according to the notice of approval of the management and disposal plan.