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

3...

A. The Plaintiff is a housing redevelopment project partnership established to implement a housing redevelopment project (hereinafter “instant project”) with respect to the housing redevelopment project of the Michuhol-gu Incheon Metropolitan City 71,349m2.5m2.

B. The Defendant is a person who owns and occupies a building listed in the attached Table 1 list in the instant project zone.

C. The head of Michuhol-gu Incheon Metropolitan City approved the management and disposal plan on September 24, 2019 for the Plaintiff, and publicly notified the management and disposal plan approved on September 30, 2019.

The plaintiff filed an application for expropriation of the buildings, etc. listed in the attached Table 1 with the Incheon Metropolitan City Regional Land Expropriation Committee, and the above Land Expropriation Committee rendered an expropriation ruling on May 8, 2020 as of July 2, 2020.

On June 26, 2020, the Plaintiff deposited the Defendant as the principal deposit and deposited the compensation for losses under the above confinement ruling with the Incheon District Court No. 7385 in 2020.

[Ground of recognition] Unsatisfy, entry in Gap evidence 1-7 (including branch numbers if there are branch 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 an owner, superficies, a person having a right to lease on a deposit basis, a lessee, etc. of the previous land or structure, shall not use or profit from the previous land or structure by the date of the public announcement of the approval of the management and disposal plan under Article 78(4): Provided, That this shall not apply where the compensation for losses under the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor (hereinafter “Urban Compensation Act”) has not been completed

With respect to the instant project, the public notice of the approval plan for the management and disposal of the project was given on September 30, 2019, and the Plaintiff deposited compensation for the Defendant according to the adjudication of expropriation by the Incheon Metropolitan City Regional Land Tribunal.