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A. On March 14, 2012, the Plaintiff obtained authorization for the establishment of a housing redevelopment project on March 14, 2012 for the purpose of improving housing redevelopment project on the land size of 76,157 square meters in Bupyeong-gu, Incheon Metropolitan City. On November 22, 2016, the Plaintiff obtained the approval for the management and disposal plan for the housing redevelopment project from the head of Bupyeong-gu Incheon Metropolitan City Bupyeong-gu, which was publicly notified

B. The Defendant (Appointed Party) and the designated parties (hereinafter the Defendants) are the owners of each real estate listed in the separate sheet in the redevelopment project zone, and the persons subject to cash settlement who did not apply for parcelling-out during the period of application for parcelling-out.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 4 (including a provisional number)

2. Judgment on the main claim

(a) No right holder, such as the owner, superficies, leaseer, etc. of the previous land or building may use or benefit from the previous land or building by the date of public announcement of the approval of the management and disposal plan under Article 78 (4), if such public announcement is made pursuant to Article 86 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents;

The foregoing shall not apply to any of the following cases:

2. Where compensation for loss under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects has not been completed.

B. As to the Plaintiff’s claim for delivery of real estate, the Defendants asserted to the effect that the Plaintiff could not respond to the Plaintiff’s claim for delivery of the building because the Plaintiff did not pay compensation to the Defendants, and in light of the contents of the above relevant provisions, if the compensation is not completed,

Even if the use and profit of the right holder, such as the owner, superficies, leaseer, etc. of the previous land or buildings, is not suspended.

However, there is no evidence to prove that the Plaintiff completed the compensation for losses against the Defendants.