2. The costs of the lawsuit are assessed against the defendant.

3...

A. The Plaintiff is an association established to implement a housing redevelopment improvement project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on the area of 44,251 square meters in Nam-gu, Gwangju Metropolitan City.

B. The Plaintiff obtained authorization for the establishment of the Republic of Korea on July 24, 2012 from the head of the Nam-gu Gwangju Metropolitan City, and obtained authorization for the implementation of the project on October 20, 2016.

After that, on October 30, 2017, A obtained approval of a management and disposal plan concerning A Housing Redevelopment Improvement Project (hereinafter “instant project”), and the said approval was publicly announced on October 31, 2017.

C. The Defendant is the owner and possessor of the real estate indicated in the separate sheet located within the instant project implementation zone (hereinafter “instant real estate”).

On February 14, 2018, the Plaintiff deposited KRW 180,671,00 of the compensation determined by the said ruling as deposit amounting to May 28, 2018, by filing an application for adjudication of expropriation with the Seoul Metropolitan City Regional Land Expropriation Committee on April 18, 2018 (hereinafter “instant adjudication of expropriation”) with the date of commencement of expropriation as of May 28, 2018 (hereinafter “instant adjudication of expropriation”); and on May 23, 2018, the Gwangju District Court Decision 2018No2886, May 23, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to Article 81(1) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor, a right holder, such as the owner of the previous land or structure, may not use or benefit from a management and disposition plan when the authorization of a management and disposition plan is publicly announced. However, the foregoing provision does not apply where the project operator’s consent or the compensation for losses under the Act on the Acquisition of Land, etc.

In addition, according to the main sentence of Article 65 (1) of the Act on the Improvement of Urban Areas and Dwelling Conditions for Residents, the expropriation or use of the ownership and other rights of the land or buildings for the implementation of housing redevelopment improvement project within the redevelopment improvement zone.