A. The Plaintiff is a housing redevelopment and maintenance project association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) with the Bupyeong-gu Incheon Metropolitan Government D Large Project Zone as its project area.

B. The Defendants occupied and used the instant real estate as the owner and lessee of the real estate indicated in “B” indication of the real estate to be delivered to each Defendant among the attached Form “the indication of the real estate to each Defendant” (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 the said Regional Land Expropriation Committee decided on October 25, 2016 on the commencement date of expropriation to the owner on December 14, 2016.

On December 12, 2016, the Plaintiff deposited the full amount of compensation prescribed in the above acceptance ruling against Defendant B, the said owner.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 9 (including paper numbers), 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.

Meanwhile, pursuant to Article 40 (1) of the Urban Improvement Act, a rearrangement project shall be implemented in an improvement zone.