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1. The Plaintiff:
A. Defendant B delivers a building listed in the separate sheet;
B. Defendant C shall enter the attached list.
Reasons
1. Determination as to the cause of claim
A. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 through 5, the facts constituting the grounds for the claim in the separate sheet and the local Land Tribunal of Busan Metropolitan City rendered a ruling of expropriation of KRW 46,350,000 for the building listed in the separate sheet on July 14, 2014, and the date of expropriation of KRW 46,350,000,000 for the compensation for losses. On September 4, 2014, the Plaintiff may recognize the fact that the aforementioned compensation for losses was deposited by the Busan District Court No. 6378 in 2014, and there is no counter-
(Defendant C is a constructive confession). (b)
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 is 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 public announcement of relocation under Article 54, except in cases of a right holder whose compensation for losses has not been completed under Article 40 or the Act on the Acquisition of Land, etc.
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 Rearrangement Act, a project operator shall acquire ownership of land or goods on the commencement date of expropriation determined by the competent Land Tribunal by adjudication (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 if there is an objection against the expropriation ruling or an administrative litigation.