1. The Plaintiff:

A. Defendant B’s real estate listed in [Attachment 2] No. 11],

B. Defendant C is attached Form 2.

1. In fact, the Plaintiff is a Housing Redevelopment Development and Improvement Project Association established to implement a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) with the business area of FJ 162,616 square meters in Gwangju-si.

On November 9, 2018, the Gwangju Metropolitan City Mayor approved and publicly announced the management and disposal plan of the plaintiff pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act").

Defendant B, C, and D are co-owners of the real estate listed in [Attachment B] Nos. 11, 12, and 13 of the real estate list Nos. 11, 12, and 13 (Defendant B’s share 1/2, Defendant C, and D’s share 1/4), and Defendant E is a lessee of the real estate listed in

On August 12, 2019, the Gyeonggi-do Regional Land Tribunal rendered a ruling of expropriation on September 26, 2019 with regard to each real estate listed in the attached Table 2 list of real estate located within the instant rearrangement project zone.

On September 18, 2019, the Plaintiff deposited the full amount of compensation for losses due to the ruling of expropriation with Defendant B, C, and E as a depositor.

[Ground of recognition] Facts without dispute, Gap 1, 2-4, 2-5, 5, 8, 9-2, 13, the purport of the whole pleadings

2. Determination

A. According to Article 81(1) of the Act on the Improvement of Urban Areas and Dwelling Conditions, any right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or building may not use or benefit from the previous land or building until the date of public announcement of transfer under Article 86, when the approval of the management and disposal plan under Article 78(4)

However, this shall not apply where compensation for losses under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter referred to as the "Land Compensation Act") has not been completed.

Therefore, in order for a project implementer of a housing redevelopment project to receive land or buildings in the rearrangement zone owned by him/her from a person subject to cash settlement, the management and disposal plan is not sufficient, and consultation or expropriation procedures should be conducted as prescribed by the Urban Improvement Act.