1. 피고는 원고에게 별지 제1 목록 기재 부동산 1층 중 같은 도면 표시 ㉠, ㉡, ㉢, ㉣, ㉤, ㉥,...

1. Facts of recognition;

A. The Plaintiff is an association that implements an urban environment improvement project pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). On September 11, 2008, the Plaintiff obtained authorization from the head of the Dong-gu Busan Metropolitan City, Busan Metropolitan City as an association for the establishment of a project zone with the area of 16,118 square meters located in

나. 피고는 위 사업구역 내에 있는 별지 제1 목록 기재 부동산 1층 중 같은 도면 표시 ㉠, ㉡, ㉢, ㉣, ㉤, ㉥, ㉦, ㉧, ㉨, ㉠의 각 점을 차례로 연결한 선내 부분 109.22㎡건물(이하 ‘이 사건 건물’이라 한다)의 소유자로서 현금청산을 요구한 현금청산대상자이다.

C. On January 14, 2014, the Plaintiff obtained approval from the head of the Dong-gu Busan Metropolitan Government, and the approval of the management and disposal plan was publicly notified on January 22, 2014.

As to the compensation for the instant building, the Plaintiff filed an application for adjudication of expropriation with the competent Regional Land Tribunal of Busan Metropolitan City, which did not reach an agreement with the Defendant. On March 18, 2016, the said Committee rendered an adjudication of expropriation to expropriate the instant building on May 11, 2016, taking the compensation for the Defendant’s losses as KRW 659,246,740, and the starting date of expropriation as of May 11, 2016 (hereinafter “instant adjudication of expropriation”).

E. On April 5, 2016, the Plaintiff deposited KRW 659,246,740 as the Defendant at the Busan District Court Decision 2258, 2016.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6, purport of whole pleadings

2. Determination

A. Article 49(6) of the Act on the Determination of the Grounds for Claim refers to the public notice of the authorized management and disposal plan, and the owners, etc. of the previous land or buildings shall not use or profit from the previous land or buildings until the date of the public notice of relocation under Article 54. However, the project implementer’s consent or the acquisition of and compensation for the land, etc. for the public works is obtained.