건물명도
1. The defendant is paid KRW 50,000,000 from the plaintiff and simultaneously paid KRW 50,000 to the plaintiff.
According to Gap evidence Nos. 1 through 5, the plaintiff is a housing redevelopment improvement project association established to implement a housing redevelopment improvement project in the Eunpyeong-gu Seoul Metropolitan Government M, and the approval for establishment of the association on December 18, 2007, and on October 10, 2014, the head of Eunpyeong-gu Seoul Metropolitan Government approved and publicly notified the management and disposal plan on September 17, 2015, respectively, and the defendant is a lessee who leased and resides in the housing within the said redevelopment improvement project zone.
The main text of Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) provides that “When the authorization of a management and disposal plan is publicly announced, a right holder, such as the owner, superficies, leaseer, etc. of the previous land or building, shall not use or profit from the previous land or building until the date of public announcement of relocation under Article 54.” Thus, the fact that the head of Eunpyeong-gu Seoul Metropolitan Government publicly announced the authorization of a management and disposal plan concerning the instant rearrangement project on November 19, 2015 is as seen earlier, the Defendant, a lessee of a house located within the zone where the rearrangement project in this case is implemented, is obligated to deliver the said house
The Defendant asserted to the effect that the Plaintiff cannot respond to the Plaintiff’s claim until a refund of KRW 50 million is made. The Plaintiff did not dispute as to the fact that the Defendant holds a claim for the refund of deposit for lease of KRW 50 million with respect to the instant housing.
According to Article 44(1) and (2) of the Urban Improvement Act, if it is impossible to achieve the purpose of a lease due to the implementation of an improvement project, the lessee may terminate the lease. In such cases, the lessee may exercise the right to claim the return of deposit and other contractual money to the project implementer, and the project implementer shall perform the above contract.