A. The Plaintiff is a union established on September 23, 2009 for the purpose of urban development project of Yeonsu-gu Incheon Metropolitan City C Day (hereinafter “instant urban development project”) and real estate in the attached list (hereinafter “instant real estate”) is located within the said urban development project zone.

B. On May 31, 2017, the ownership transfer registration for the instant real estate was completed under the name of Samsung C&T Co., Ltd. on May 25, 2017. The Defendant occupied the instant real estate without any title and operates a restaurant with the trade name “D”.

C. In relation to the instant urban development project, the Plaintiff obtained authorization of a land substitution plan from the head of the competent Gu on December 29, 2017. On January 3, 2018, pursuant to the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, the Plaintiff completed consultations with Samsung C&T Co., Ltd., the owner of the instant real estate. On January 11, 2018, the designation of the land substitution under the instant urban development project was publicly announced, and the effective date of the said designation was publicly announced on January 30, 2018.

The amount equivalent to the rent after February 1, 2018 for the instant real estate is KRW 1,914,000 per month.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, entry of appraiser E's appraisal report, purport of whole pleadings

2. Determination

(a) Any implementer of an urban development project under the relevant Acts and subordinate statutes may, if necessary for implementing an urban development project, designate reserved land for replotting for land in an urban development zone (Article 35(1) of the Urban Development Act), and if reserved land for replotting is designated, the former landowner and lessee, etc. may exercise the same rights as before with regard to reserved land for replotting or relevant portion from the effective date of designation of reserved land for replotting to the date of public announcement of a replotting disposition,

(Article 36 (1) (b) of the same Act.

The judgment on the cause of the claim is made.