1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. The reasons why the court should explain this part of the facts are as follows: “B. The defendant is a lessee who leases the building of this case, which is part of the real estate in the attached list No. 1 located in the project implementation district and operates the building at that place.” In addition to the reasoning of the judgment of the court of first instance from No. 13 to No. 6 of the judgment of the court of first instance, it is identical to the reasoning of the judgment of the court of first instance from No. 420 of the Civil Procedure Act.

2. Where the approval of a management and disposal plan is publicly announced as prescribed by the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the former owner, etc. of the subject matter is suspended to use and benefit from the subject matter. Thus, the project implementer may use and benefit from the subject matter without any separate procedure

However, the instant rearrangement project is authorized on July 7, 2015 by the management and disposal plan, and the same month.

9. Since the public notice was given, the Defendant, the lessee of the instant building, is obligated to deliver the said building to the Plaintiff, the implementer of the instant improvement project.

3. Determination

A. As to the Plaintiff’s cause of claim, the main text of Article 49(6) of the Act provides that “When the management and disposal plan is authorized and the notice is made, the right holder, such as the 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 relocation under Article 54.” Accordingly, in a case where the public announcement of the approval of the management and disposal plan as stipulated in the Act on the Maintenance and Improvement of Urban Areas is made, the former owner, etc. of the object shall be suspended from using or benefit from the former owner, etc.

(see, e.g., Supreme Court Decision 2011Da85352, Dec. 26, 2013). However, regarding the instant improvement project.