The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

The judgment of the first instance.

Facts of recognition

A. The Plaintiff is an association that obtained authorization to establish an association from the Suwon City Mayor on August 25, 2009 to implement a housing redevelopment improvement project (hereinafter “instant rearrangement project”) with the area of 126,278 square meters G G in Suwon-si.

B. On June 8, 2018, the Plaintiff obtained approval of the management and disposal plan of the instant rearrangement project from the Suwon Market, and the Suwon Market announced the management and disposal plan of the said project on the same day.

C. The Defendant occupies the real estate indicated in the attached Form “the indication of the real estate to be handed over” located within the instant rearrangement project zone (hereinafter “instant real estate”).

The Plaintiff consulted with the owner to acquire the land, buildings, etc. located within the instant rearrangement project zone, but applied for adjudication of expropriation as it did not reach an agreement due to the lack of compensation, etc., and the Gyeonggi-do Local Land Tribunal rendered a ruling of expropriation to the effect that the commencement date of expropriation (transfer) on September 23, 2019 was set as the date of November 7, 2019 pursuant to Article 34 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “instant adjudication of expropriation”) to the effect that the Plaintiff expropriates the land and transfers the goods, etc. within the instant rearrangement project zone subject to the payment of compensation for losses (hereinafter “instant adjudication of expropriation”).

E. Accordingly, on October 30, 2019, the Plaintiff deposited KRW 379,101,360 of the above compensation for the Defendant, which was determined by the instant confinement ruling, with the Defendant as the deposited person pursuant to the instant confinement ruling (U.S. District Court No. 10648 in 2019).

[Ground of recognition] Gap evidence 1, 2, Gap evidence 3-2, Gap evidence 4-9 (including numbers), Gap evidence 10-2, the purport of the whole pleadings

2. Determination

A. Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on the grounds of the claim is the previous land or building.