A. The Plaintiff is a Housing Redevelopment and Improvement Project Association established to implement a housing redevelopment project with the area of 80,720.2 square meters in Bupyeong-gu, Incheon Metropolitan City as its business area (hereinafter “instant rearrangement project”).

B. As to the instant rearrangement project, the head of Bupyeong-gu Incheon Metropolitan Government announced the project implementation authorization on May 28, 2010, and July 6, 2018, and announced the approval of the management and disposal plan on April 10, 2019, and announced the amendment of the management and disposal plan on October 14, 2019.

C. On June 26, 2018, the Defendant leased the part of 33 square meters on the ship (hereinafter “instant store”) connected with each point of the attached Table 1, 2, 3, 4, and 1 among the buildings indicated in the attached list within the instant improvement project zone from D and used it as a warehouse for wholesale business.

The Plaintiff filed an application with the Incheon Metropolitan City Local Land Resources Committee for the expropriation ruling on the instant store, etc., and the said Land Tribunal rendered a ruling of expropriation on May 8, 2020 on the commencement date of expropriation as of July 2, 2020.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, 7 (including paper numbers), the purport of the whole pleadings

2. Determination

A. 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”), a right holder, such as the owner, superficies, a person having a right to lease, a lessee, etc. of the previous land or building, shall not use or profit from the previous land or building by the date of public announcement of the approval of the management and disposal plan under Article 78(4), but the same shall not apply where the project operator’s consent or the compensation for losses under the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor (hereinafter “Land Compensation Act”) has not been completed.

B. The fact that the management and disposal plan of the instant rearrangement project was already publicly announced is earlier.