A. Pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Plaintiff was authorized to implement the project by the project implementer of the D Residential Environment Improvement Project (hereinafter “instant project”); on December 30, 2013; and on January 8, 2014, the head of the Busan Metropolitan City is publicly notified pursuant to Article 28(4) of the same Act.

B. The Defendant is currently occupying the instant building as a person who owned an unauthorized building (hereinafter “instant building”) on the ground of each part of the purport of the claim, among 22,875 square meters of forest land B in Busan-gu, Busan-gu, Busan-gu, where the instant project site is located.

C. The Plaintiff filed an application for adjudication of expropriation with the Central Land Expropriation Committee, as it did not reach an agreement on compensation for losses with the Defendant, and the Central Land Expropriation Committee set the commencement date of expropriation as of July 3, 2019 and rendered adjudication of expropriation. D.

On June 26, 2019, the Plaintiff deposited the total amount of KRW 51,403,170,000, which deducted the amount of money delinquent and collected from KRW 51,493,700 for compensation for losses for the instant building under the above expropriation ruling.

【Ground for Recognition: Facts not clearly disputed, entries in Gap evidence 1 through 5, purport of the whole pleadings】

2. Determination

A. According to relevant statutes and legal principles, Articles 63 and 65 of the Urban Improvement Act and Article 27 of the Addenda (Act No. 14567, Feb. 8, 2017) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”), a project implementer may acquire or use land, goods, or other rights in order to implement a rearrangement project in an improvement zone pursuant to the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”). According to the Land Compensation Act, a project implementer shall acquire the ownership of land or goods on the date of expropriation determined by the competent Land Tribunal by its adjudication (Article 45(1)), and landowners, etc.