1. The defendant shall indicate the attached drawing among the 22875 square meters of Busan Nam-gu B forest in Busan, as to the plaintiff (1), (2), (3), (4), (5), (7), and (8).

1. Facts of recognition;

A. On December 30, 2013, the Plaintiff obtained authorization for the implementation of the D residential environment improvement project (hereinafter “instant project”) from the implementer of the Busan Southern-gu C Residential Environment Improvement Project, and on December 30, 2013, pursuant to Article 28(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Urban Improvement Act”), and the head of the Nam-gu Busan Metropolitan Government publicly notified the project implementation on January 8, 2014 pursuant to Article 28(4) of the same Act.

나. 피고는 이 사건 사업 부지 내에 있는 대한민국 소유의 부산 남구 B 임야 22875㎡ 중 별지 도면 표시 ①, ②, ③, ④, ⑤, ⑥, ⑦, ⑧, ⑨, ①의 각 점을 순차로 연결한 선내 ㈎ 부분 110.75㎡ 지상에 무허가건물(이하 ‘이 사건 건물’이라 한다)을 소유하고 있던 자로서 현재 이 사건 건물을 점유하고 있다.

C. The Plaintiff filed an application for adjudication of expropriation with the Central Land Expropriation Committee, as it did not reach an agreement on compensation for losses with the Defendant on the instant building, and the Central Land Expropriation Committee set the commencement date of expropriation as of July 3, 2019 and rendered adjudication of expropriation. D.

On June 26, 2019, the Plaintiff deposited the total amount of KRW 53,322,430 remaining after deducting the amount of seizure from the amount of KRW 55,459,50 for compensation for losses for the instant building as stipulated in the above expropriation ruling.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 5, purport of the whole pleadings]

2. Determination

A. Article 38 of the former Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor”) provides that “If necessary to implement a rearrangement project within an improvement zone, the project implementer shall be

Land, things or other rights referred to in Article 3 may be acquired or used.

Article 40 (1) of the same Act provides that "the maintenance project shall be performed within the rearrangement zone."