1. The defendant (Counterclaim Plaintiff) shall dismiss the counterclaim.

2. On the Plaintiff (Counterclaim Defendant),

A. The Defendant (Counterclaim Plaintiff) B is attached to the attached Form.

1. Facts of recognition;

A. Under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Plaintiff is a housing redevelopment and consolidation project association established on May 11, 2009 with the authorization of the head of Bupyeong-gu Incheon Metropolitan City Bupyeong-gu in order to implement a housing redevelopment and rearrangement project with the size of 57,947 square meters as a project implementation district (hereinafter “instant project”).

On October 4, 2018, the Plaintiff received the approval of the management and disposal plan for the instant project from the head of Bupyeong-gu Incheon Metropolitan City, and the management and disposal plan was publicly announced on the same day.

B. Defendant B is each owner of the buildings listed in the separate sheet No. 1 (hereinafter “instant building”) and Defendant D is each owner of the buildings listed in the separate sheet No. 2 (hereinafter “instant building”). Each of the instant buildings is included in the instant business area.

The defendants have become eligible for cash settlement because they did not apply for parcelling-out during the period of application for parcelling-out, and have possessed each building owned by them until now.

C. The Plaintiff filed an application with the competent regional Land Tribunal for expropriation of obstacles, including the site of each building of this case and each building of this case.

Accordingly, on May 2, 2019, the above committee rendered a ruling of expropriation on each of the instant buildings, etc. (the date of commencement of expropriation on June 26, 2019).

On June 11, 2019, the Plaintiff deposited the full amount of compensation for losses as stipulated in the above acceptance ruling with the Defendants as deposited.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 13 (including branch numbers if there are branch numbers), the purport of the whole pleadings

2. Determination on the main claim

A. According to the main sentence of Article 81(1) of the Act on the Determination of the Grounds for Claims, when a management and disposal plan is authorized and publicly notified, the use and profit-making of the right holder, such as the owner, superficies, leaseer, etc. of the previous land or building, shall be suspended, and the project implementer shall be able to use and profit from the former land or building.