A. Pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Plaintiff was authorized to implement the E residential environment improvement project implemented in the Nam-gu Busan Metropolitan Government Ddongwon (hereinafter “instant project”); and on December 30, 2013, the Plaintiff was publicly notified pursuant to Article 28(4) of the same Act on January 8, 2014.

B. Defendant A owns an unauthorized Building (hereinafter “instant building”) on the ground of each part of the purport of the claim, among the 22,875 square meters of Busan Nam-gu C Forest and Forest in Busan-gu, Busan-gu, where the instant project site is located, and the Defendants currently occupy and use the said unauthorized building.

C. The Plaintiff filed an application for adjudication of expropriation with the Central Land Expropriation Committee, as it did not reach an agreement on compensation for losses with Defendant A, and the Central Land Expropriation Committee decided on May 9, 2019 to accept the instant building on July 3, 2019.

On June 24, 2019, the Plaintiff deposited the total amount of KRW 91,674,870 for the instant building as stipulated in the above expropriation ruling with Defendant A.

【Ground for Recognition: Facts not clearly disputed, entries in Gap evidence 1 through 5, purport of the whole pleadings】

2. Determination

A. According to relevant statutes and legal principles, Articles 63 and 65 of the Urban Improvement Act, and Article 27 of the Addenda (Act No. 14567, Feb. 8, 2017) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”), a project implementer may acquire or use land, goods, or other rights to implement a rearrangement project in an improvement zone pursuant to the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”). According to the Land Compensation Act, a project implementer shall acquire the ownership of land or goods on the date of expropriation determined by the competent Land Tribunal by its adjudication (Article 45(1)), and landowners, etc. by the date of commencement of expropriation.