The Plaintiff is the Housing Redevelopment and Improvement Project Association established for the Housing Redevelopment Improvement Project (hereinafter “instant Redevelopment Project”) on the housing redevelopment project of 138,401 square meters in Suwon-si, Suwon-si, Suwon-si.

On April 10, 2018, the Suwon City approved the management and disposal plan of the instant redevelopment project, and announced it on the same day.

Defendant B is a person subject to cash liquidation who did not apply for parcelling-out to the Plaintiff as the owner of the real estate listed in the separate sheet No. 1 (hereinafter referred to as “real estate No. 1”) in the instant project zone, and the owner of the real estate listed in the separate sheet No. 2 in the instant project zone (hereinafter referred to as “second real estate”). As of the date of closing argument of this case, Defendant B occupies the real estate No. 1 and Defendant C

On October 30, 2019, the Plaintiff deposited KRW 965,491,760 for Defendant B, and KRW 554,667,360 for Defendant C, respectively.

[Reasons for Recognition] Whether there is no dispute, Gap evidence Nos. 1 through 6, 8, 14 (including each number; hereinafter the same shall apply) and the ground for a claim as a whole of the pleadings

A. The main sentence of 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, leaseer, etc. of the previous land or building shall not use or benefit from the previous land or building by the date of public announcement of the approval of the management and disposal plan under Article 78(4).”

Therefore, if the administrative disposition is publicly notified, use or profit-making of the previous owner of the subject matter is suspended, so the project implementer can use or profit from the subject matter without any separate procedure of expropriation or use (see, e.g., Supreme Court Decision 2017Da289712, May 15, 2018).

In light of the above legal principles, the above facts are recognized.