A. The Plaintiff is a housing reconstruction and consolidation project association whose project implementation district covers the Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government Group C.

The head of Mapo-gu Seoul Metropolitan Government approved the management and disposition plan of the plaintiff on June 3, 2016 and announced it on June 9, 2016.

B. The Defendant is the lessee who leased the instant real estate in the project implementation district on October 22, 2007 at KRW 2,000,000 and paid the said lease deposit to the lessor around that time. The Defendant is occupying the instant real estate until now.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendant, a lessee of the instant real estate located within the Plaintiff’s project implementation district, has a duty to deliver the instant real estate to the Plaintiff pursuant to Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement

3. Judgment on the defendant's assertion

A. The Defendant asserts to the effect that he cannot accept the Plaintiff’s claim until he receives a refund of KRW 2,00,000,000. Thus, it is reasonable to view that the Defendant’s obligation to return the lease deposit of the instant real estate to the Defendant who is the lessee pursuant to Article 44(1) and (2) of the Act on the Maintenance and Improvement of Urban Areas and the Defendant’s obligation to deliver the instant real estate to the Plaintiff is based on the same legal relationship, such as the implementation of the housing reconstruction rearrangement project and the termination of the lease agreement.

The defendant's above assertion is with merit.

B. In addition, the defendant asserts that the plaintiff cannot respond to the plaintiff's claim before being paid the director fee.

However, there is no legal basis for claiming directors' expenses for housing reconstruction projects in which the expropriation and use under the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor is not premised.