A. On August 25, 2009, the Plaintiff is a housing redevelopment project partnership that obtained authorization for the establishment of a housing redevelopment project on August 25, 2009 for the purpose of housing redevelopment project (hereinafter “instant project”) with the area of project district of 126,830 square meters in Suwon-si, Suwon-si D. The Plaintiff is a project implementer of the said project.

B. On June 15, 2012, the Suwon City issued a disposition to authorize the implementation of the instant project on the Plaintiff’s project, and issued a disposition to approve the management and disposal plan on June 8, 2018, and publicly announced the approval plan on the same day.

C. On September 23, 2019, the Plaintiff received a ruling of expropriation from the Gyeonggi-do Regional Land Tribunal (the date of commencement of expropriation on November 7, 2019), and deposited all compensation for losses under the said ruling of expropriation with the Defendants as depositors.

The Defendants each possess the pertinent real estate (hereinafter “each of the instant real estate”) indicated in the “Indication of the Real Estate to be Delivered to each of the Defendant” in the attached Table located within the instant business zone.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 10 (including additional number), the purport of the whole pleadings

2. According to Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), when the approval of a management and disposal plan is publicly announced, a person holding a right, such as an owner of a previous land or structure, shall not use or benefit from the previous land or structure: Provided, That this shall not apply where a project operator’s consent or a compensation for losses under the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor

According to the main sentence of Article 65 (1) of the Act on the Improvement of Urban Areas and Dwelling Conditions, the Land Compensation Act shall apply to the expropriation or use of ownership and other rights of land or buildings for the implementation of housing redevelopment improvement project within the redevelopment and rearrangement zone unless there is any special provision.