2. The costs of lawsuit shall be borne by each person;

3...

A. The Plaintiff is a housing redevelopment and consolidation project association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) with the whole area of Gyeyang-gu Incheon Metropolitan City as its business area.

B. The Defendant occupied and used the instant real estate as the owner of the real estate indicated in the attached list (hereinafter “instant real estate”) who did not apply for parcelling-out during the period of application for parcelling-out, and is subject to cash liquidation under Article 47(1) of the Urban Improvement Act.

C. The Plaintiff was authorized to establish an association on March 31, 2009 by the head of Gyeyang-gu Incheon Metropolitan City, and received an approval for the management and disposal plan on July 24, 2017, and the approval for the management and disposal plan was publicly notified on July 28, 2017.

As the Plaintiff did not reach an agreement on the acquisition of the instant real estate, the Plaintiff applied for adjudication of expropriation to the Incheon Metropolitan City Regional Land Expropriation Committee, and on November 29, 2017, the said Regional Land Expropriation Committee decided to expropriate the instant real estate on January 23, 2018.

E. On January 17, 2018, the Plaintiff deposited the full amount of compensation under the above expropriation ruling against the Defendant, the owner of the instant real estate.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. Determination

A. Article 49(6) of the Act on the Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Act on the Acquisition of Land, etc.”) provides that “When a public announcement of an authorized management and disposal plan is made, a right holder, etc. of the previous land or structure shall not use or profit from the previous land or structure until the date of the public announcement of relocation under Article 54; however, the same shall not apply to a right holder whose compensation for losses is not completed under Article 40 of the Act on the Acquisition of and Compensation for Land, etc.

On the other hand, Article 40 (1) of the Urban Improvement Act is within the rearrangement zone.