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 Improvement Project Association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a housing redevelopment project (hereinafter “Housing Redevelopment and Improvement of Residents”) with a size of 55,224,00 square meters of a total area of M in Changwon-si, Changwon-si as a rearrangement zone. The Defendant is the owner of the instant building located in the rearrangement zone of the housing redevelopment project of this case and completed the application for parcelling-out around January 24, 2016.

B. On November 25, 2016, the Plaintiff received a management and disposal plan for the housing redevelopment project of this case from the Changwon market, and the Changwon market publicly notified the management and disposal plan as N of the original city public notice on the same day.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, 7, 8-11 and 9, the purport of the whole pleadings

2. The main text of Article 49(6) of the Act on the Determination of Grounds for Claims provides that “When the authorization of a management and disposal plan is publicly announced, owners, superficies, persons having rights, lease right, etc. of the previous land or buildings may not use or profit from the previous land or buildings until the date of the public announcement of relocation under Article 54.” Thus, when the public announcement of a management and disposal plan is made, use or profit from the previous land or buildings by right holders, such as owners, superficies, lease right holders, lease right holders, etc., shall be suspended, and the project implementer may use or profit from the previous land or buildings (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). However, as seen earlier, the fact that the Plaintiff received an approval of the management and disposal plan as the project implementer and the public announcement was made until it was made, the Defendant’s use or profit from the building of this case shall be suspended, and the Plaintiff, the project implementer of this case.