A. The Plaintiff, as a housing reconstruction and improvement project association whose project implementation district covers 65,553m2 in Mapo-gu Seoul Metropolitan Government, was publicly announced on June 9, 2016.

B. The Defendants leased on March 23, 2005 the lease deposit amount of KRW 50,000,000 from E, to the present day, the instant real estate located within the said project implementation district.

[Ground of recognition] Facts without dispute, Gap 1 to 3 evidence, Eul 1 evidence, the purport of the whole pleadings

2. According to Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), when a management and disposal plan is publicly announced, the use and profit-making of right holders, such as the owner and lessee of the previous land or structure, shall be suspended, and the project implementer may use and profit-making from the plan. Thus, the Defendants are obligated to deliver the instant real estate to the Plaintiff

3. Judgment on the defendants' assertion

A. Since the plaintiff is not the owner of the real estate of this case and succeeded to the status of the lessor, the plaintiff has standing to sue in the lawsuit claiming that there is no right to request the delivery since he/she has succeeded to the status of the lessor. Therefore, the previous defense on the merits is without merit.

Furthermore, as seen in paragraph (2) above, the grounds for allowing the Plaintiff to seek delivery of the instant real estate against the Defendants are not based on ownership, but based on Article 49(6) of the Act on the Maintenance of Urban Areas and Dwelling Conditions, so it does not succeed to the lessor’s position. Therefore, the Defendants’ above assertion on different premise is without merit

B. The Plaintiff’s obligation to return the lease deposit and the Plaintiff’s obligation to deliver the instant real estate by the lessee, who is the lessee, pursuant to Article 44(1) and (2) of the Act on the Improvement of Urban Areas and Dwelling Conditions at Time of Concurrent Performance, is the implementation of the housing reconstruction rearrangement project and the subsequent lease contract.