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

3...

A. On May 18, 2010 for the purpose of implementing the Gangdong-gu Seoul Metropolitan Government Housing Reconstruction Project (hereinafter “instant project”), the Plaintiff was publicly notified as a reconstruction maintenance project association established with authorization for establishment of the association on May 18, 2010, as a project implementation plan on September 5, 2012 (D public notification of Gangseo-gu), after the approval for alteration of the project implementation plan was publicly notified on October 19, 2016 (Gangdong-gu E public notification), and on October 26, 2017, after the approval for alteration of the project implementation plan was obtained from the head of Gangdong-gu Seoul Metropolitan Government (hereinafter “the management and disposal plan of this case”). The management and disposal plan was publicly notified on November 1

(F) Gangdong-gu Notice 2.2

The Defendant occupies the real estate indicated in the attached list (hereinafter referred to as “instant real estate”) located in the instant business area.

[Judgment of the court below] Facts without dispute, Gap's evidence of subparagraphs 1 through 3, and the purport of the whole pleadings

2. Determination

A. When a management and disposal plan is authorized and publicly announced pursuant to Article 78(4) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the owner, superficies, leasee, leasee, etc. of the previous land or buildings may not use or profit from the previous land or buildings until the date of the public announcement of transfer under Article 86 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (see, e.g., Supreme Court Decision 2012Da62561, 62578, Jul. 24, 2014). According to the above findings, barring any special circumstance, the Defendant lost his/her right to use or profit from the instant real estate in accordance with the public announcement of the management and disposal plan of this case and has the duty to deliver the said real estate to

B. The Defendant’s assertion 1) The proviso of Article 81(1) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Act on the Acquisition of Land, etc.”) is the same.

A right holder whose compensation for loss has not been completed shall be either land or land.