2. The costs of the lawsuit are assessed against the defendant.

3...

A. The Plaintiff is the Housing Redevelopment and Improvement Project Association established for the purpose of removing the buildings on the ground of 49,646.4m2 (hereinafter “instant rearrangement zone”) in 317m2 in Hanam-si, Chungcheongnam-si, and executing a housing complex redevelopment project (hereinafter “instant redevelopment project”). The Defendant was the owner (person in cash) of the real estate located in the instant rearrangement zone as indicated in the attached Table (hereinafter “instant real estate”) and currently occupies it.

B. On January 7, 2013, the Plaintiff registered the establishment of a partnership and obtained authorization for the implementation of the instant redevelopment project on March 31, 2016. On July 30, 2018, the Plaintiff received the authorization for the management and disposal plan for the said project, and the said authorization was publicly notified on the same day.

C. In order to implement the instant redevelopment project, the Plaintiff consulted with the Defendant to acquire the ownership of the instant real estate, but failed to reach an agreement, filed an application for adjudication on expropriation of the said real estate with the competent local Land Tribunal of Gyeonggi-do. Accordingly, on October 1, 2018, the Gyeonggi-do Local Land Tribunal rendered an adjudication on expropriation of the said real estate on November 15, 2018 (hereinafter “instant adjudication on expropriation”).

On November 13, 2018, prior to the date of commencement of expropriation according to the instant ruling of expropriation, the Plaintiff deposited the Defendant as the principal deposit in accordance with the ruling of expropriation of the instant real estate at the Suwon District Court Sung-nam Branch of 12267, a gold 2018.

[Ground of recognition] The facts without any dispute, Gap's 1 through 5, Gap's 6-2, Gap's 7-5 and 9-6, and the purport of the whole pleadings.

2. Determination

A. Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) provides that a right holder, such as the owner, superficies, leaseer, etc. of the previous land or building shall be subject to an approval of the management and disposal plan under Article 78(4).