1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Determination on the cause of the claim

A. 1) The Plaintiff removed old-age structures, etc. on the ground (be designated as the housing reconstruction improvement zone as the F publicly notified by the Gyeonggi-do Office No. 2, July 30, 2007) in the Gu-si Do, Gu-si 20,158 square meters (hereinafter “instant project”). The Plaintiff is a housing reconstruction project that newly constructs apartment houses and ancillary welfare facilities (hereinafter “instant project”).

(2) On February 11, 2016, the Gu Ri Mayor made a public announcement of the authorization for the implementation of the project of this case on the project of this case on September 27, 201, and made a public announcement of the authorization for the implementation of the management and disposal plan (H and hereinafter “the instant management and disposal plan”) on April 27, 2017.

3) The Defendant leased and used the instant real estate in the instant business zone from the owner I to the present time. [The fact that there is no dispute over the grounds for recognition, each entry in Gap evidence 1 to 3, and the purport of the whole pleadings.]

B. When the approval of a management and disposal plan is publicly announced in a housing reconstruction project, a right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or structure may not use or profit from the previous land or structure as prescribed by the management and disposal plan. On the other hand, a project implementer shall directly acquire the right to use or profit from the previous land or structure in the housing reconstruction project zone to remove the existing structure (the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017;

(1) Article 48-2(1) and the main sentence of Article 49(6) of the Act, Supreme Court en banc Decision 91Da22094 Decided December 22, 1992, and Supreme Court Decision 2009Da53635 Decided May 27, 2010, etc.). Therefore, as seen earlier, as the instant management and disposition plan was authorized and publicly announced on April 27, 2017, the Defendant’s instant real estate.