2. The litigation costs shall be borne by the defendant.

3.

A. Under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Plaintiff is a redevelopment and maintenance project association established for the purpose of improving the urban and residential environment and improving the residential stability and quality of residential life of its members by removing buildings within Bupyeong-gu Incheon and 343 lots (hereinafter “instant project zone”) and constructing new buildings on the site.

B. The Defendant, as the owner of the real estate in the attached list in the instant project zone (hereinafter “instant real estate”), did not apply for parcelling-out within the period of application for parcelling-out, became eligible for cash liquidation, and possessed and used the instant real estate.

C. The Plaintiff established a management and disposal plan and applied for a management and disposal plan to the Bupyeong-gu Incheon Metropolitan City Bupyeong-gu.

Accordingly, on November 22, 2016, the head of Bupyeong-gu Incheon Metropolitan City (hereinafter referred to as "the notice of this case") made an administrative disposition plan and announced it on the same day (hereinafter referred to as "the notice of this case").

[Ground of recognition] Evidence No. 1, Evidence No. 2-4, Evidence Nos. 3 and 4, and the purport of the whole pleadings

2. Assertion and determination

A. The former Act on the Improvement of Urban Areas (wholly amended by Act No. 14567, Feb. 8, 2017 and enforced from February 9, 2018) shall apply at the time of the public notice of this case’s main text of Article 81(1) of the Act on the Determination of the Grounds for Claim. However, according to Article 25 of the Addenda to the Act on the Improvement of Urban Areas (amended by Act No. 14567, Feb. 8, 2017), the public notice of this case is deemed to have been made under the amended Act, and thus, the amended Act shall apply.

According to the above, when the management and disposal plan is authorized and publicly announced, the right holder, such as the owner of the previous land or structure, can not use the previous land or structure or profit therefrom by the date of the public announcement of transfer under Article 86 of the same Act, and the project implementer can use it or profit therefrom.

Supreme Court en banc Decision 91Da22094 Decided December 22, 1992 and Supreme Court Decision May 2010