A. The Plaintiff is a housing redevelopment and consolidation project association that has the Eunpyeong-gu Seoul Metropolitan Government Group C as a project implementation district.

The head of Eunpyeong-gu Seoul Metropolitan Government approved the management and disposal plan on March 2, 2017 for the housing redevelopment improvement project implemented by the plaintiff, and publicly notified it.

B. On April 20, 2005, the Defendant leased the instant real estate from D, the owner of the instant real estate, with the lease deposit amount of KRW 40,000,000, and the lease deposit amount of KRW 40,000 from May 14, 2005 to May 14, 2007.

The above lease contract has been renewed several times, and the defendant has occupied the real estate of this case from the time of the conclusion of the above lease.

C. The instant real estate is located within the implementation zone of the Housing Redevelopment Improvement Project implemented by the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Gap evidence 5-2, Eul evidence 1 to 3, the purport of the whole pleadings

2. Determination

(a) When a judgment on the cause of a claim is obtained and announced publicly with authorization of the developer for redevelopment and rearrangement of housing, the rightful claimants of the previous land or structures shall lose the right to use or profit from the previous land or structures, and the developer shall remove the existing structures or acquire the right to dispose or use them by other methods to implement the rearrangement project;

(Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents. As seen earlier, the Plaintiff’s management and disposal plan was authorized and announced in this case, the Defendant is obligated to deliver the instant real estate to the Plaintiff, who is the project implementer

B. The defendant's assertion 1 argues that he cannot respond to the plaintiff's claim before receiving the lease deposit. Thus, according to Article 44 (1) and (2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the defendant's improvement project is performed.