A. The Plaintiff is the Housing Redevelopment and Improvement Project Association which obtained approval from the head of Yangcheon-gu Seoul Metropolitan Government Office on April 15, 2009 to implement a housing redevelopment improvement project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

B. Defendant Incorporated Foundation B, as the Defendants, owns an attached list 1 real estate located in the Plaintiff’s business area. Defendant E owns an attached list 2, which is located in the Plaintiff’s business area, and is a person subject to cash liquidation who does not apply for each application for parcelling-out, and Defendant C and D occupy real estate in the attached list 1.

C. On January 26, 2018, the Plaintiff filed an application for adjudication of expropriation because it did not reach an agreement on compensation with the Defendants. On April 13, 2018, the date of commencement of expropriation was decided by the local Land Tribunal of Seoul Special Metropolitan City on April 13, 2018. On April 3, 2018, the Plaintiff deposited the Defendants as depositee and deposited the full amount of each compensation stipulated in the said adjudication of expropriation.

[Ground] Plaintiff, Defendant Incorporated Foundation B, and C: Confession (Article 150(1) of the Civil Procedure Act) between the Plaintiff and Defendant Incorporated Foundation D and E: The fact that there is no dispute, each entry in Gap’s evidence Nos. 1 through 10, and the purport of the whole pleadings

2. Determination

A. According to Article 49(3) and (6) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017), when a management and disposal plan under the aforesaid Act is authorized and publicly announced and the compensation for losses arising from the expropriation of land, etc. is completed, profit-making by a right holder, such as the owner, lessee, etc. of the previous land or buildings within the project implementation district, shall be suspended, and the project implementer

In light of the above legal provisions, the management and disposal plan for the housing redevelopment rearrangement project was authorized and publicly announced, and subsequent to the expropriation ruling.