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 improvement project (hereinafter “instant improvement project”) on the area of 86,360.80 square meters in Gwangju Northern-gu Seoul Northern-gu Seoul Special Metropolitan City.

B. The Defendant is the owner of the building indicated in the attached list within the above improvement project zone (hereinafter “instant building”), who has not filed an application for parcelling-out within the period of parcelling-out.

C. On January 22, 2019, the head of Gwangju Metropolitan City North Korean government approved the management and disposal plan for the Plaintiff, and announced it as D public notice of the North Korean district in Gwangju Metropolitan City on January 30, 2019.

On October 30, 2019, the Plaintiff received a ruling of expropriation from the Gwangju Metropolitan City Regional Land Tribunal as of December 14, 2019. On December 12, 2019, the Plaintiff deposited KRW 53,008,100 of the compensation for expropriation of the instant building as the Defendant for the deposited person under the Gwangju District Court Decision No. 2010, Dec. 14, 2019.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. Determination:

A. (1) Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) provides that “the owner, superficies, leasee, right holder, etc. of the previous land or building may not use or benefit from the previous land or building until the date of public announcement of the approval of the management and disposal plan under Article 78(4), if the public announcement of the approval plan is made under Article 78(4), the former land or building shall not be used or benefit from it until the date of public announcement of relocation under Article 86.”

In addition, Article 40 (1) of the Act on Public Works, which applies mutatis mutandis under Article 65 (1) of the Act on the Maintenance of Urban Areas, provides that "a project operator shall pay compensation adjudicated by the competent Land Tribunal by the commencement date of expropriation or use, except for the cases of use under Article 38 or 39."