1. 피고는 원고에게 별지 부동산의 표시 기재 부동산의 1층 중 별지 도면 표시 ㅇ, ㅈ, ㅊ, ㅋ,...

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 an association established for the purpose of implementing a housing redevelopment improvement project (hereinafter referred to as “instant improvement project”) with the size of 89,853.4m2 in Seongbuk-gu Seoul Metropolitan Government Seoul Metropolitan Government 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, there is no agreement between the Defendant and the Plaintiff on the compensation for business rights in the order of Paragraph (1) located within the instant rearrangement project implementation zone (hereinafter “instant real estate”). As such, the Plaintiff filed an application for adjudication of expropriation with the local Land Tribunal of Seoul Special Metropolitan City. On June 26, 2015, the said expropriation committee decided to expropriate the Defendant’s business compensation of KRW 3,1720,000 and the date of commencement of expropriation on August 14, 2015, respectively.

C. On August 4, 2015, the Plaintiff deposited 3,3760,000 won as compensation for losses under the above confinement ruling with the Defendant as the principal deposit.

The defendant occupies the building of this case until the date of closing the argument of this case.

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.