1. The Defendants constitute each Defendant listed in Section B of the “Indication of Real Estate to be extradited to each Defendant” in the attached Table to the Plaintiff.

1. Facts of recognition;

A. On August 25, 2009, the Plaintiff is a housing redevelopment project partnership that obtained authorization for the establishment of a housing redevelopment project on August 25, 2009 for the purpose of housing redevelopment project (hereinafter “instant project”) with the area of project district of 126,830 square meters in Suwon-si, Suwon-si D. The Plaintiff is a project implementer of the said project.

B. The Suwon Mayor issued a disposition to authorize the implementation of the instant project on June 15, 2012 with respect to the instant project against the Plaintiff, and publicly notified the authorization to implement the project on June 18, 2012, and publicly notified the approval to implement the project on June 8, 2018, and publicly notified the approval to implement the management and disposal plan on the same date.

C. The Defendants are owners of each of the pertinent real estate listed in Paragraph 2 of the attached Table “Indication of the real estate to be delivered to each Defendant” located within the instant business zone (hereinafter “each of the instant real estate”).

The Plaintiff agreed with the Defendants to acquire each of the instant real estate, but filed an application for adjudication of acceptance as a result of no agreement, and the Plaintiff deposited the Defendants’ compensation for losses according to the adjudication of acceptance that took place accordingly.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 10, the purport of the whole pleadings

2. The assertion and judgment

A. The main sentence of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) provides that “The owner, superficies, leaseer, etc. of the previous land or building shall not use or benefit from the previous land or building by the date of public announcement of the approval of the management and disposal plan under Article 78(4).”

Therefore, the prior owner's use and profit-making of the object is suspended when the approval of the management and disposal plan is announced, so the project implementer can use and profit from the object without any separate procedure of expropriation or use (see, e.g., Supreme Court Decision 2017Da289712, May 15, 2018).