A. The Plaintiff is a housing redevelopment and rearrangement project association whose project area covers 66,094 square meters in Eunpyeong-gu Seoul Metropolitan Government. The Plaintiff obtained authorization for the implementation of the project on May 26, 201 from the head of Eunpyeong-gu Seoul Metropolitan Government, the authorization for the implementation of the project on November 28, 201, and the authorization for the implementation of the project on November 27, 2014, and the head of Eunpyeong-gu announced the details of the authorization for the management and disposal plan on November 27, 2014.

B. The Defendant is a person who operates a restaurant business in the name of “E” by leasing a section of 10.45 square meters on board, which connects each point of the 1,2,5,6, and 1 of the annexed drawings, among the 1st floor of the building with the 2nd floor of Eunpyeong-gu Seoul Metropolitan Government and the 2nd floor of Eunpyeong-ro building located within the Plaintiff’s rearrangement zone (hereinafter “instant store”).

C. The Plaintiff filed an application for adjudication of expropriation with the local Land Tribunal of Seoul Special Metropolitan City, which did not hold a consultation on compensation for the above restaurant business between the Defendant and the Defendant. On April 24, 2015, the said Committee rendered a ruling of expropriation that, on June 12, 2015, the Plaintiff accepted each land and obstacles within the business area, and among them, determined the amount of business compensation for the Defendant as KRW 2,415,000.

On May 22, 2015, the Plaintiff deposited KRW 2,415,000 in accordance with the above acceptance ruling.

(Seoul Western District Court 2015No. 2173. [Grounds for Recognition] 1 to 11 each entry and the purport of the whole pleadings

2. Determination

A. Cause of claim: (i) Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) shall not use or benefit from the previous land or buildings until the date of public announcement of relocation under Article 54 when public announcement of the approval of the management and disposal plan is made; (ii) Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”); and (iii) Article 40 of the Act