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. Facts of recognition;

A. The Plaintiff is a housing redevelopment and rearrangement project association that has obtained authorization to establish a project area with the area of 34,486 square meters which is located in Busan Jin-gu C.

B. The Plaintiff obtained authorization from the head of Busan District Office on March 6, 2008 for the establishment of the association, and received authorization for the implementation of March 3, 2009, the authorization for the change of the project implementation plan on February 29, 2012, and the authorization for the management and disposal plan on March 31, 2017 (hereinafter “instant management and disposal plan”).

C. On April 5, 2017, the head of Busan District Government announced the management and disposal plan of this case. D.

The Defendant is currently operating the “H” in the instant real estate by leasing two floors (hereinafter “instant real estate”) from among the real estate in the attached list in the project implementation district.

E. The Plaintiff applied for adjudication of expropriation to the Busan Metropolitan City Regional Land Expropriation Committee, which did not reach an agreement with the Defendant regarding the instant real estate.

F. On March 26, 2018, the Busan Metropolitan City Regional Land Tribunal: (a) decided on May 18, 2018 the date of commencement of expropriation and rendered a ruling of expropriation against the Defendant (hereinafter “instant adjudication of expropriation”).

G. On May 11, 2018, the Plaintiff deposited KRW 26,497,400 (2509) with the Defendant as the principal deposit and deposited KRW 26,400 (2509) with the Busan District Court in Busan District Court in order to deposit the full amount of compensation for losses arising from the instant ruling of expropriation.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. The assertion and judgment

A. The main text of Article 49(6) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act”) to the effect that “When a management and disposal plan is authorized and announced publicly, the owner, lessee, etc. of the previous land or structure shall not use and benefit from the previous land or structure until the date of the public announcement of relocation under Article 54.”