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

3...

A. The Plaintiff is a housing redevelopment and consolidation project association that completed the registration of incorporation on January 8, 2010 to implement a redevelopment and rearrangement project (hereinafter “instant rearrangement project”) by using the Seoul Yeongdeungpo-gu Seoul Metropolitan Government Seoul Metropolitan Government 73,607 square meters as a project implementation district.

B. The Plaintiff received project implementation authorization on August 30, 2012, and the head of Yeongdeungpo-gu Seoul Metropolitan Government Office approved and publicly notified the instant improvement project on October 29, 2015.

C. The real estate listed in the separate sheet is located within the implementation zone of the instant rearrangement project, and the Defendant occupies the real estate listed in the separate sheet as the owner of the real estate (hereinafter “instant real estate”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2 and 4, the purport of the whole pleadings

2. Determination

A. When a management and disposition plan under Article 49(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) concerning the cause of the claim is publicly announced, the use and profit of the right holder, such as the owner, superficies, leaseer, etc. of the previous land or buildings shall be suspended, and the project implementer may use and profit from the plan.

According to the above facts of recognition, as the management and disposal plan for the instant rearrangement project is publicly announced, the use and profit-making of the Defendant’s instant real estate shall be suspended, and the Plaintiff acquires the right to use and profit-making from the Plaintiff as the project implementer, and thus, the Defendant

B. As to the defendant's defense, the defendant cannot deliver the real estate of this case until the plaintiff's compensation for losses is completed.

If an executor of housing redevelopment improvement project deposits compensation for losses as prescribed by the adjudication of expropriation by the competent Land Tribunal, it shall be deemed that the compensation for losses under the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor under Article 49 (6) of the Urban Improvement Act has been completed.