The judgment below

The part against the defendant is reversed, and that part of the case is remanded to the Seoul High Court.

The grounds of appeal are examined.

1. According to Article 40(1) of the former Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (amended by Act No. 11690, Mar. 23, 2013) that applies mutatis mutandis to the expropriation or use of the ownership of or other rights to implement a rearrangement project within an improvement zone pursuant to Article 40(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 11293, Feb. 1, 2012), a project operator shall acquire the ownership of land or other things at the commencement date of expropriation determined by the competent Land Tribunal by adjudication (Article 45(1)), and transfer the relevant land or things to the project operator by the commencement date of expropriation (Article 43); (2) Meanwhile, if a project operator fails to pay or deposit the compensation by the commencement date of expropriation (Article 40(1) and (2)); however, the adjudication becomes void (Article 42(1)); (3) of the adjudication becomes effective after the adjudication becomes effective.

shall not suspend the effect of such expropriation.

(Article 88). Therefore, if a project operator pays or deposits an indemnity adjudicated by the Land Tribunal by the commencement date of expropriation, he/she shall acquire ownership of the land or goods on the commencement date of expropriation, and even if the amount of indemnity has increased thereafter in the adjudication, the reasons alone cannot be viewed differently.

(See Supreme Court Decision 2002Da35461 delivered on October 11, 2002, etc.). (See, e.g., Supreme Court Decision 2002Da35461 delivered on October 11, 2002).

On December 9, 2011, the Seoul Special Metropolitan City Regional Land Tribunal determines the commencement date of expropriation to the Plaintiff, a housing redevelopment project partnership, as of January 27, 2012, as Seoul owned by the Defendant.