A. The Plaintiff is a housing redevelopment project partnership established to remove buildings within the said project implementation district and build new buildings on the said land by making the total area of 87,025 square meters in Yangcheon-gu Seoul Metropolitan Government C, as a project implementation district.

B. The Defendant is currently occupying the instant real estate as a tenant of the real estate indicated in the purport of the claim within the relevant rearrangement project implementation zone (hereinafter “instant real estate”).

C. On July 8, 2016, a management and disposal plan for the said rearrangement project was approved 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 was publicly notified pursuant to Article 49(3) of the same Act on July 14, 2016.

On May 26, 2017, the Plaintiff filed an application for adjudication as to the business compensation with the Defendant. On July 3, 2017, the Seoul Special Metropolitan City Regional Land Tribunal rendered a decision to accept the business compensation for the Defendant. On July 3, 2017, the Plaintiff deposited KRW 5,075,000 as business compensation pursuant to the above expropriation ruling.

[Ground of recognition] Facts without dispute, Gap evidence 1 to Gap evidence 5, Gap evidence 6-2, purport of whole pleadings

2. The assertion and judgment as to the principal lawsuit

A. According to Article 49 (6) of the Act on the Determination of the Grounds for Claim, where a management and disposal plan is authorized and the notice is made, the right holder such as the owner of the previous land or building, etc. shall not use or profit from the previous land or building until the date of the public notice of relocation under Article 54 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and the project implementer shall be entitled to use or profit from the previous land or building, and the plaintiff, the project implementer, shall be entitled to use or benefit from the building possessed by the defendant from the date of completion of the compensation after the public notice, as seen above.