1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

1. The reasoning for the court’s explanation in this part is that the corresponding part of the reasoning of the judgment of the first instance is the same as the corresponding part of the reasoning of the judgment of the first instance, except for the deletion of two or more pages of the judgment of the first instance. Therefore, this is cited by the main text of Article 420 of the Civil Procedure

2. When a public notice of a management and disposal plan under Article 49(3) of the Act on the Determination of Grounds for Claim is given, the use and profit-making of the right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or buildings shall be suspended pursuant to Article 49(6) of the same Act, and the project implementer may use and profit from the former land or buildings (see, e.g., Supreme Court en banc Decision 91Da22094, Dec. 22, 1992; Supreme Court Decision 2009Da53635, May 27, 2010). Thus, barring any special circumstance, the Defendants are obligated to deliver the instant real estate located in the business area to

3. Judgment on the defendants' assertion

A. The Defendants may apply for vicarious execution as prescribed by the Administrative Vicarious Execution Act to the Mayor/Do Governor or the head of a Si/Gun/Gu in accordance with Article 89(1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”), which applies mutatis mutandis under Article 40(1) of the Act on the Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”), where a person liable to perform an obligation under this Act or any disposition under this Act fails to perform or is unable to complete the obligation within a given period, or where it is deemed that allowing him/her to perform such obligation would substantially undermine the public interest. In such cases, the Mayor/Do Governor or the head of a Si/Gun/Gu in receipt of the application shall comply therewith unless there is any justifiable reason.”