2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

A. The Plaintiff is a Housing Redevelopment and Improvement Project Association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) by making the Incheon Bupyeong-gu L Group as a business area.

B. The Defendant is the owner of the real estate indicated in the separate sheet (hereinafter “instant real estate”).

C. The Plaintiff was authorized by the head of Bupyeong-gu Incheon Metropolitan City to establish an association on December 16, 2009; the authorization to implement the project on August 22, 201; and the authorization to implement the management and disposal plan on February 29, 2016; and was publicly notified on the same date as the authorization to implement the management and disposal plan.

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 on October 25, 2016, the said Regional Land Expropriation Committee decided to expropriate the Defendant on December 14, 2016.

On December 12, 2016, the Plaintiff deposited the full amount of KRW 381,316,780 of the compensation determined by the above acceptance ruling against the Defendant.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, 6, 7 (Evidence Nos. 4-3, Gap evidence No. 8-1, and Gap evidence No. 9-3, the purport of the whole pleadings

2. Determination

A. Article 49(6) of the Act on the Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Act on the Acquisition of Land, etc.”) provides that “When a public announcement of an authorized management and disposal plan is made, a right holder, etc. of the previous land or structure shall not use or profit from the previous land or structure until the date of the public announcement of relocation under Article 54; however, the same shall not apply to a right holder whose compensation for losses is not completed under Article 40 of the Act on the Acquisition of and Compensation for Land, etc.

On the other hand, pursuant to Article 40 (1) of the Urban Improvement Act, land or buildings for implementing improvement projects within the rearrangement zone.