1. The defendant is marked 1, 2, 5, 6, 1 on the ground floor of the real estate in the list of real estate attached to the plaintiff, and on the ground that the attached drawing is marked 1, 2, 5,

1. Determination on the cause of the claim

A. 1) The Plaintiff is a housing redevelopment and rearrangement project association established with the land area of 238,764 square meters in Busan-gu, Busan-do. 2) The Plaintiff was authorized to establish an association on June 9, 2006 by the head of Busan-do, the authorization for the implementation of the project on December 19, 2008, the authorization for the implementation of the project on January 2, 2013, and October 16, 2015, and the authorization for the implementation of the project on May 4, 2016 (hereinafter “instant authorization for the management and disposal plan”).

3) On May 11, 2016, the head of the Busan Metropolitan Government’s annual government announced the instant administrative disposition plan. 4) The real estate listed in the attached table (hereinafter “instant real estate”) is located in the said project implementation plan.

D is the owner of the instant real estate, and the Defendant is the E’s wife, who leased the part as set forth in Paragraph (1) of the Disposition (hereinafter “the instant building part”), among the instant real estate from D, while carrying on business in the instant building part.

5) The Plaintiff filed an application for adjudication of expropriation with the Busan Metropolitan City Regional Land Expropriation Committee, which did not reach an agreement on compensation for loss with the Defendant. 6) On December 18, 2017, the Busan Regional Land Expropriation Committee: (a) decided on February 12, 2018 on the commencement date of expropriation; (b) decided on the expropriation of the Defendant (hereinafter “instant adjudication of expropriation”); and (c) decided on the total amount of compensation 45,701,700 won for business losses, etc. against the Defendant.

7) On February 7, 2018, the Plaintiff deposited the full amount of KRW 45,701,700 for the Defendant’s compensation following the above acceptance ruling. [The Plaintiff’s deposit of KRW 45,700 for the following reasons: (a) the fact that there is no dispute over the grounds for recognition; (b) the evidence Nos. 1 to 8; and

B. The main text of Article 49(6) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act”) provides that when a management and disposition plan is authorized and publicly notified, the owner, lessee, etc. of the previous land or building shall have the right to such land or building.