1. The Plaintiff:

(a) Defendant B is a building listed in the separate sheet (1) through (3);

B. Defendant C shall set out in the attached list (2).

1. Facts of recognition;

A. The Plaintiff is a cooperative established for the purpose of implementing a housing redevelopment improvement project (hereinafter “instant improvement project”) with a project implementation district of the Seongbuk-gu Seoul Seongbuk-gu Seoul Metropolitan Government D Japan scale of 104,979 square meters as a project implementation district. The Plaintiff obtained authorization from the head of Seongbuk-gu Seoul Metropolitan Government for the establishment of the association on June 25, 2009, the establishment of the association on October 23, 2012, the implementation of the project on October 23, 2012, and the implementation of the project on November 7, 2013, respectively. The head of Seongbuk-gu Office approved the management and disposal plan formulated by the Plaintiff on April 24, 2014,

B. Defendant B did not apply for parcelling-out during the fixed period of application for parcelling-out even though it was the Plaintiff’s partner as the owner of the building indicated in the attached list (1) through (3), and possessed and used each of the above buildings until the date of closing argument in this case. Defendant C occupied and used the buildings listed in the attached list (2) with Defendant B’s son.

C. As the Plaintiff did not hold a consultation on the sale of each of the above buildings with Defendant B, the Plaintiff filed an application for adjudication of expropriation with the Seoul Regional Land Tribunal. On August 22, 2014, Seoul Regional Land Tribunal decided on October 10, 2014 on the commencement date of expropriation of each of the instant buildings.

(4) Accordingly, on October 8, 2014, the Plaintiff deposited the full amount of compensation for losses under the above confinement ruling against Defendant B.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 8, purport of whole pleadings

2. Determination

(a) Article 49 (6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) shall not use or benefit from the previous land or buildings until the date when the management and disposal plan is authorized and publicly notified, the owner, lessee, etc. of the previous land or buildings shall not use or benefit from the previous land or buildings until the date of public announcement

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