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 with the size of 89,853.4 square meters in Seongbuk-gu Seoul Metropolitan Government as a project implementation district. The Plaintiff obtained authorization from the head of Seongbuk-gu Seoul Metropolitan Government, for the establishment of the association on April 21, 2009; the authorization for the implementation of the project on April 11, 2013; the authorization for the implementation of the project on December 26, 2013; and the authorization for the management and disposal plan was obtained on December 22, 2014 pursuant to Article 49 (2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”); and the head of Seongbuk-gu Seoul Metropolitan Government publicly announced the above management and disposal plan on December 26,

B. The Defendant owned the buildings listed in the attached list within the said project implementation district (hereinafter “instant building”).

C. On April 2015, the Plaintiff filed an application for adjudication on the compensation for losses with the Seoul Special Metropolitan City Regional Land Tribunal, and received the adjudication of expropriation on June 26, 2015, and accordingly, deposited compensation for losses with the Defendant on August 11, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including a provisional number), the purport of the whole pleadings

2. The assertion and judgment

A. Article 49(6) of the Act on the Determination of Grounds for Claims provides that “When a management and disposal plan is authorized and such public notice has been given, the owners of the previous land or buildings, lessees, etc. shall not use or benefit from the previous land or buildings until the date of public notice of relocation under Article 54: Provided, That the same shall not apply to a right holder whose consent has been obtained from a project operator or whose compensation has not been completed under Article 40 and the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor

According to the above facts, since the plaintiff completed the compensation for losses as stipulated in the proviso of Article 49 (6) of the Urban Improvement Act after the management and disposal plan under the Urban Improvement Act was authorized and publicly announced, the defendant acquired the right to use and make profits as the project implementer.