A. Under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Plaintiff is an association authorized to establish an association for the purpose of housing redevelopment improvement project for the area of 23,109.7 square meters in Bupyeong-gu Incheon Metropolitan City (hereinafter “instant project area”); on March 28, 2017, the Plaintiff obtained an approval for the management and disposal plan for housing redevelopment project from the head of Bupyeong-gu Incheon Metropolitan City Bupyeong-gu, and was publicly notified by the same date.

B. The Defendant is a lessee of part 12.84 square meters inboard (hereinafter “instant commercial building”) which connects each point of Section 1, 2, 3, 4 and 1 among the real estate in the attached list in the instant project zone among the two floors in the attached list, and occupies and uses it while operating a music private teaching institute.

C. The Plaintiff filed an application for adjudication of expropriation with the competent regional Land Tribunal of Incheon Metropolitan City, which did not reach an agreement on compensation for losses with the Defendant. On July 11, 2018, the Land Tribunal decided to expropriate the instant commercial buildings, etc. on September 4, 2018.

On September 3, 2018, the Plaintiff deposited full amount of KRW 1,600,000 for compensation under the ruling of expropriation by the Incheon District Court No. 9968, which was the lessee of the instant commercial building as the principal deposit.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 3, Gap evidence Nos. 5 through 6, the purport of the whole pleadings

2. When the authorization and announcement of a management and disposal plan prescribed in Article 49(3) of the former Act (amended by Act No. 14567, Feb. 8, 2017; hereinafter the same) regarding the cause of a claim is granted or made, the use and profit of the right holder, such as the owner, superficies, person holding a right to lease on the previous land or building, and the lessee, etc. is suspended and the project implementer can use and benefit from the plan (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010).