1. The defendant shall have the cement brickd roof of Seongbuk-gu Seoul (Road Name Seoul D) Ground C (Road Name Address, Seongbuk-gu Seoul).

1. The following facts can be acknowledged in full view of the purport of the entire pleadings in each statement in Gap evidence Nos. 1 to 5.

The Plaintiff is a cooperative established for the purpose of implementing a housing redevelopment improvement project (hereinafter referred to as “instant improvement project”) with the size of 89,853.4 square meters in Seongbuk-gu Seoul E-won as a project implementation district, and was authorized by the head of Seongbuk-gu Seoul Metropolitan Government to establish the association on April 21, 2009; the authorization to implement the project on April 4, 2013; and the authorization to implement the management and disposal plan on December 22, 2014; and the details of each authorization were publicly notified.

B. However, the Defendant, as its owner, occupies the real estate stated in Paragraph (1) of this Article (hereinafter “instant real estate”) within the execution zone of the instant rearrangement project until the date of closing argument in the instant case.

C. However, the Plaintiff filed an application for adjudication of expropriation with the competent local Land Tribunal in order to ensure that the consultation with the Defendant on compensation is not well achieved, and the said expropriation committee deposited the Defendant’s compensation amount of KRW 293,712,730 on June 26, 2015 (i.e., land compensation amounting to KRW 18,292,730), and the starting date of expropriation on August 14, 2015, respectively. The Plaintiff deposited the compensation amount prescribed in the said adjudication of expropriation on August 10, 2015 with the Defendant as the depositee.

2. Determination

A. Judgment on the cause of the claim 1) The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

Article 49 (6) shall not use or benefit from the previous land or structure until the date when the management and disposal plan has been authorized and the public notice thereof has been given, no right holder, such as the owner, lessee, etc. of the previous land or structure, has been made.

However, Article 40 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation for Land, etc. for Public Works Projects (hereinafter referred to as the "Public Works Act") shall apply.

The same shall not apply to a right holder whose compensation for loss has not been completed.

(xc)"assign."