1. The defendant shall be the plaintiff.

(a) A building 167.33 square meters and 167.33 square meters in the attached Table 3;

(b) Appendix 6 drawings No. 1, B.

1. Facts of recognition;

A. The Plaintiff is an association established to implement a housing redevelopment improvement project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on the area of 153,741.40 square meters in Chungcheongnam-gu, Gwangju Metropolitan City.

B. The Plaintiff obtained authorization from the head of the Seoul Metropolitan City North Korea head of the Gu on April 30, 2008 to establish the association, and obtained authorization to implement the project on September 12, 2016.

On March 20, 2018, the Plaintiff obtained approval for the management and disposal of A-Housing Redevelopment Project, and the head of Gwangju Northern District Office announced the management and disposal plan of A-Housing Redevelopment Project on March 24, 2018.

C. The Defendant is a lessee who operates E on the first floor among the real estate in the attached list located within the project execution zone of this case (hereinafter referred to as the “real estate of this case”).

On September 20, 2018, the Plaintiff filed an application for adjudication to expropriate the instant real estate with the competent local Land Expropriation Committee of Gwangju Metropolitan City, and deposited KRW 51,620,000 as business compensation under the said adjudication to the Defendant on November 1, 2018 (hereinafter “instant adjudication to expropriate”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. Determination

A. According to Article 81(1) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor, a right holder, such as the owner of the previous land or structure, may not use or benefit from a management and disposition plan when the authorization of a management and disposition plan is publicly announced. However, the foregoing provision does not apply where the project operator’s consent or the compensation for losses under the Act on the Acquisition of Land, etc.

In addition, according to the main sentence of Article 65 (1) of the Urban Improvement Act, the Land Compensation Act shall apply mutatis mutandis to the expropriation or use of ownership and other rights of land or buildings for the implementation of housing redevelopment improvement project within housing redevelopment improvement zone, except as otherwise provided.