2...

On the other hand, on March 24, 2018, the public notice of approval of the management and disposal plan was made, and the Plaintiff deposited the full amount of compensation for losses (business compensation) due to the adjudication of expropriation with the Defendant as a depositee around October 30, 2018.

[Ground for Recognition] Unsatisfy, entry of Gap evidence 1 to 7, including each number

2. The main sentence of Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) shall not be permitted to use or profit from the previous land or buildings until the date of the public announcement of transfer under Article 54, when the public announcement under paragraph (3) has been made. The same shall not apply to the case of the 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 for Public Works (hereinafter “Public Works Act”) with the consent of the project operator or the Act on the Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Act”). Meanwhile, in the Public Works Act which applies mutatis mutandis to the expropriation or use of the ownership and other rights of the land or buildings for the implementation of a rearrangement project within the rearrangement zone pursuant to Article 40(1) of the Urban Improvement Act, the project operator acquires the ownership of the land or goods on the commencement date of expropriation (Article 45(1)), payment or deposit by the Land Tribunal until the date of expropriation (Article 40(1).2).