2. The costs of lawsuit shall be borne by each person;

3...

A. The Plaintiff is a project implementer of an urban planning facility project whose business area covers the Nam-gu Incheon Metropolitan Government B B (hereinafter “instant project”).

B. The Defendant occupied and used the instant real estate as the owner of the real estate indicated in the attached list located within the instant project zone (hereinafter “instant real estate”).

C. On April 18, 2016, the head of the Nam-gu Incheon Metropolitan City publicly announced the authorization of the implementation plan for the instant project pursuant to Articles 88 and 91 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”).

As the Plaintiff did not reach an agreement on the acquisition of the instant real estate, the Plaintiff applied for adjudication of expropriation to the Incheon Metropolitan City Regional Land Expropriation Committee, and the said Regional Land Expropriation Committee determined the commencement date of expropriation as November 16, 2017 to the Defendant, who is the owner on September 26, 2017.

E. On November 14, 2017, the Plaintiff deposited the full amount of compensation under the above expropriation ruling against the Defendant. On January 5, 2018, the Plaintiff completed the registration of ownership transfer on the instant real estate based on expropriation.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7 (including a provisional number), the purport of the whole pleadings

2. Determination

A. According to Articles 95 and 96 of the National Land Planning and Utilization Act, an implementer of an urban planning facility project may expropriate or use land, etc. necessary for the project, and the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Act”) shall apply mutatis mutandis to the expropriation or use of land, etc. thereby.

Meanwhile, according to the Public Works Act, a project operator shall acquire ownership of land or goods on the commencement date of expropriation decided by the competent Land Tribunal (Article 45(1)), and pay or deposit compensation adjudicated by the Land Tribunal until the commencement date of expropriation (Article 40(1) and (2).