1. The Defendant, among the real estate listed in the attached list, has a 1st floor (C) 67.21 square meters and 56.05 square meters of the two-story housing, respectively.

The Plaintiff, as a redevelopment and maintenance project association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), sought to transfer the real estate listed in the separate sheet owned by the Defendant included in the rearrangement zone under the Urban Improvement Act, and the Defendant asserts to the effect that the right to use and benefit is not restricted in the case of the right holder whose compensation has not been completed. The Defendant did not receive the actual compensation due to the market price, but did not receive the resettlement funds, housing relocation expenses, and moving expenses, etc.

Article 49(6) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Act on the Acquisition of Land, etc.”) provides that “When a public announcement of an authorized management and disposal plan has been made, a right holder, such as the owner of the previous land or structure, shall not use or profit from the previous land or structure until the date of the public announcement of relocation under Article 54: Provided, That the same shall not apply to a right holder whose compensation has not been completed under Article 40 or the Act on the Acquisition of Land, etc. for Public Works

Meanwhile, according to the Public Works Act applicable mutatis mutandis to the expropriation or use of ownership of land or buildings for implementing a rearrangement project and other rights in an improvement zone pursuant to Article 40(1) of the Urban Improvement Act, a project operator shall acquire ownership of land or goods on the commencement date of expropriation decided by the competent Land Tribunal (Article 45(1)), pay or deposit compensation adjudicated by the Land Tribunal by the commencement date of expropriation (Article 40(1) and (2). If a project operator fails to pay or deposit compensation by the commencement date of expropriation, the adjudication shall lose its effect (Article 42(1)), but shall have the effect of expropriation once.