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

3...

A. On November 17, 2010, the Plaintiff is a housing redevelopment and consolidation project association that obtained authorization to establish a housing redevelopment and rearrangement project from the Jung-gu Government City Mayor in order to implement the housing redevelopment and rearrangement project at the Dong Government City C.

B. The Defendant is the owner of the real estate in the attached list in the above improvement zone (hereinafter “instant building”), and is the person who is in the status of cash liquidation since he did not apply for the application for parcelling-out.

C. On February 16, 2017, the Plaintiff obtained the authorization of a management and disposal plan from the Government Market, and the said authorization was publicly notified on the same day.

[Ground of recognition] Unsatisfy, Gap's statements in Gap's 1 to 5, 7, 13 through 15 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. Article 49(3) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017) provides that "the head of a Si/Gun shall, when he/she approves a management and disposal plan under paragraph (2), publish the details thereof in the official bulletin of the relevant local government." The main sentence of Article 49(6) provides that "the public announcement under paragraph (3) is made, the owner, superficies, leasee, etc. of the previous land or structure shall not use or benefit from the previous land or structure until the date of the public announcement of transfer under Article

If a management and disposition plan is authorized and publicly announced pursuant to these legal provisions, the former owner’s use and profit-making of the subject matter shall be suspended, so a project implementer may use and profit from the subject matter without any separate procedure of expropriation or use (see, e.g., Supreme Court Decision 2009Da28394, Nov. 24, 201). As seen earlier, the Plaintiff’s management and disposition plan was authorized and publicly announced on February 16, 2017. Therefore, the Defendant whose use and profit-making as the owner has been suspended, barring any special circumstances.