1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Facts of recognition

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 referred to as the "Urban Improvement Project") for the implementation of A-Housing Redevelopment and Improvement Project (hereinafter referred to as the "Urban Improvement Project") whose project implementation district covers Seodaemun-gu Seoul Metropolitan Government G Group.

On November 1, 2012, the head of Seodaemun-gu Seoul Metropolitan Government announced the project implementation authorization and announcement for the instant improvement project, and on March 24, 2016, the management and disposal plan of the Plaintiff was authorized and announced.

The instant real estate is located in the business area of the instant improvement project, and was owned by the co-defendant D of the first instance trial.

The Defendant leased and occupied the part of the instant real estate (B) from the foregoing D.

On May 27, 2016, the Seoul Special Metropolitan City Regional Land Tribunal rendered a ruling of expropriation on July 15, 2016 with respect to the real estate in this case as of the commencement date of expropriation.

On July 14, 2016, the Plaintiff deposited 870,036,680 won as compensation determined by the above expropriation ruling with the owner of the instant real property as the principal deposit.

(Seoul Western District Court No. 2016. 2015. 【No. 3515. 【No. 3515. 【No. 5. 4’s ground for recognition, Gap’s No. 1 through 4, Gap’s No. 5-2, Gap’s No. 7-1 and No. 7-2, and Gap’s 8-2’s explanation of the whole pleadings, and the main text of Article 49(6) of the Urban Improvement Act provides that “When a management and disposal plan is authorized and publicly announced, the owner, lessee, etc. of the previous land or structure shall not use or benefit from the previous land or structure until the date of the public announcement of the relocation under Article 54.” Accordingly, if there is a public announcement of the management and disposal plan as prescribed by the Urban Improvement Act, the use or benefit of the previous owner, etc. of the object shall be suspended, and the project operator may use or benefit from