A. The Plaintiff is a housing redevelopment and maintenance project association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) by designating the Bupyeong-gu Incheon Bupyeong-gu JJ as the project area.

B. The Defendants, as owners (Defendant B, C, F, G, H, I), or lessees (Defendant D, and E) of each of the instant real estate indicated as “the indication of the real estate to be handed over” among the indications of the real estate to be handed over by Defendant” (hereinafter “each of the instant real estate”).

C. The Plaintiff was authorized by the head of Bupyeong-gu Incheon Metropolitan City to establish an association on December 16, 2009; the authorization to implement the project on August 22, 201; and the authorization to implement the management and disposal plan on February 29, 2016; and was publicly notified on the same date as the authorization to implement the management and disposal plan.

As the Plaintiff did not reach an agreement to acquire each real estate of this case, the Plaintiff filed an application for adjudication of expropriation with the Incheon Metropolitan City Regional Land Expropriation Committee, and the said Regional Land Expropriation Committee decided on October 25, 2016 on December 14, 2016 to expropriate Defendant B, C, F, G, H, and I, the owners of the instant land.

On December 12, 2016, the Plaintiff deposited the full amount of compensation stipulated in the above acceptance ruling against the said Defendants.

[Ground of Recognition] Defendant B, C, F, G, H, and I: Unstrifed facts, each entry in Party A’s Evidence Nos. 1 through 9 (including paper numbers), the purport of the whole pleadings, Defendant D, E: Confession

2. Determination

A. Article 49(6) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor provides that when a public notice of an authorized management and disposal plan is given, a right holder, such as the owner of the previous land or structure, shall not use or profit from the previous land or structure until the date of the public notice of relocation under Article 54. However, the consent of the project implementer is obtained or Article 40 of the Act on the Acquisition of Land, etc. for Public Works

In cases of a right holder whose compensation for loss has not been completed.