1. The defendant is paid KRW 30,000,000 from the plaintiff, and at the same time, the first floor of the real estate stated in the attached Table to the plaintiff.

Basic Facts

A. The Plaintiff is a housing redevelopment project association established on September 18, 2015 to implement a housing redevelopment project (hereinafter “instant redevelopment project”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on the area of 13,180 square meters in Seodaemun-gu Seoul Metropolitan Government. The Plaintiff is a housing redevelopment project association, the implementation of which has been approved by the head of Seodaemun-gu Seoul Metropolitan Government on September 6, 2017.

The Defendant is a person who leases and occupies the entire one floor of the real estate indicated in the attached list (hereinafter “instant real estate”) located within the instant redevelopment project zone.

B. On June 19, 2019, the Plaintiff received the approval of the management and disposal plan from the head of the Gu, and the details thereof were publicly notified in the Official Gazette on the same day.

C. On April 24, 2020, the Plaintiff filed an application for a ruling of expropriation with the Defendant, which did not reach an agreement on compensation for losses, and received a ruling of expropriation on June 12, 2020 with regard to the instant real estate from the local Land Tribunal of Seoul Special Metropolitan City, which decided on June 12, 2020. On June 1, 2020, the Plaintiff deposited all compensation for the entire first floor among the instant real estate under the said ruling of expropriation (business compensation) with the Defendant as the depositee.

[Ground of recognition] Facts without dispute, Gap 1 through 6 evidence, Eul 2 evidence, the purport of the whole pleadings

2. Determination:

A. According to the main sentence and proviso of Article 81(1)2 of the Act on the Determination of Grounds for Claim, a right holder, such as the owner, superficies, person having a right to lease, lease, and lessee of the previous land or building, shall not use or benefit from the previous land or building until the date of the public announcement of the approval of the management and disposal plan.

However, the same shall not apply where compensation for losses under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) has not been completed.

Considering the above facts in light of the contents of the above statutes, the Plaintiff’s compensation deposit.