A. The Plaintiff is an association established to implement a housing redevelopment improvement project for the residential area of 5,523 square meters in Dongdaemun-gu Seoul Metropolitan Government pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). The Plaintiff obtained authorization from the head of Dongdaemun-gu Seoul Metropolitan Government on July 4, 2008, authorization for the establishment of the association on February 27, 2009, authorization for the implementation of the project on May 1, 2014, respectively, and obtained authorization for the implementation of the project on February 3, 2014, and was publicly notified of the management and disposal plan on February 6, 2014.

B. A building indicated in the attached list is located in the above improvement zone, and the defendant occupies and uses part (b) of 67.39 square meters in the attached list among the four floors of the building indicated in the attached list (hereinafter “instant real estate”).

C. On April 24, 2015, the Seoul Special Metropolitan City Regional Land Tribunal: (a) determined the commencement date of expropriation on April 24, 2015 for the owner D, E, F, and G on the real estate stated in the separate list and rendered a ruling of expropriation; and (b) accordingly, on June 2, 2015, the Plaintiff deposited the compensation for losses as stipulated in the said ruling of expropriation.

[Grounds for recognition] Unsatisfy, Gap 1-6 evidence, the purport of the whole pleadings

2. The assertion and judgment

A. Article 49(6) of the Act on the Determination of Grounds for Claims provides that “When a management and disposal plan is authorized and such public notice has been given, the owners of the previous land or buildings, lessees, etc. shall not use or benefit from the previous land or buildings until the date of public notice of relocation under Article 54: Provided, That this shall not apply to a right holder whose compensation has not been completed under Article 40 or the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor.”

According to the above facts, the plaintiff completed the compensation for losses as stipulated in the proviso of Article 49 (6) of the Urban Improvement Act after the management and disposal plan under the Urban Improvement Act was authorized and publicly announced.