A. The Plaintiff is a housing redevelopment and rearrangement project association established for the purpose of implementing a housing redevelopment and rearrangement project by making the Seoul Special Metropolitan City C Group 80,836.0 square meters as a project implementation district.

B. On November 12, 2009, the Plaintiff obtained authorization for the implementation of a housing redevelopment project from the head of Gwanak-gu in Seoul Special Metropolitan City, and obtained approval for a management and disposal plan on February 17, 2015 pursuant to Article 49(2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), and the head of Gwanak-gu in Seoul Special Metropolitan City publicly announced the above management and disposal plan pursuant to Article 49(3)

C. The Defendant leased and possessed the attached drawings (1), (2), (3), (4), (5), (6), (7), (8), and (1) the portion on the ship connected with each point in sequence, and (2) the second floor of 76.33 square meters of the real estate indicated in the same list among the real estate listed in the attached list 1 in the project implementation district.

The Plaintiff filed an application for adjudication of expropriation because it did not consult with the Defendant regarding the transfer compensation, etc., and the local Land Tribunal of Seoul Special Metropolitan City decided on December 18, 2015 that the amount of compensation for the relocation expenses to the Defendant is KRW 2,875,00, and the date of commencement of expropriation was February 5, 2016. The Plaintiff deposited the compensation under the above adjudication on January 20, 2016 with the Defendant as the depositee.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 3, 6, 13 to 15, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The main sentence of Article 49(6) of the Act on the Improvement of Urban Areas and Dwelling Conditions may not use or benefit from the previous land or buildings until the date of the public announcement of the relocation under Article 54, if the authorization of the management and disposal plan is publicly announced."The proviso of Article 49(6) of the Act on the Improvement of Urban Areas and Dwelling Conditions for Residents (owner, superficies, leaseer, etc. of the previous land or buildings).