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

3...

A. The Plaintiff is a housing redevelopment and rearrangement project association established to implement a housing redevelopment project (hereinafter “instant project”) with respect to housing redevelopment project with respect to the land size of 162,616.1 square meters in Gwangjin-gu, Gwangju-si, and was granted authorization for the implementation of the instant project on October 28, 2016 from the Gwangju-gu, and the approval for the implementation of the relevant project on November 9, 2018, respectively, and the luminous-si announced the management and disposal plan at that time (hereinafter “instant management and disposal plan”).

B. The defendant possesses and occupies the real estate listed in the attached list within the instant business zone.

C. On August 12, 2019, the Gyeonggi-do Regional Land Tribunal: (a) determined the commencement date of expropriation as of September 26, 2019; and (b) made an adjudication on the expropriation of compensation for obstacles, etc. to real estate existing in the attached list (hereinafter “instant adjudication on expropriation”); (c) on September 16, 2019, the Plaintiff classified the Defendant as the person subject to cash settlement; and (d) deposited the Defendant as the person subject to deposit, in full, KRW 149,100,000 for compensation for losses arising from the said adjudication on expropriation.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-15, Gap evidence 3-9 and the purport of whole pleadings

2. Determination

A. When a management and disposal plan prescribed by the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) is authorized and announced as to the cause of the claim, the use and profit of the right holder, such as the owner, superficies, leasee, etc. of the previous land or buildings, shall be suspended, and the project implementer may use and profit from the former land or buildings (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). The Plaintiff’s management and disposal plan regarding the improvement project was authorized and announced publicly, and the Plaintiff’s deposit all of the compensation for losses against the Defendant with the expropriation ruling is as seen earlier.

B. The defendant's assertion is based on the settlement money and the settlement money.