구상금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The scope of the judgment in this Court claimed for reimbursement against the Defendant for the lease deposit of KRW 10 million and delay damages paid to C on behalf of the Defendant, and the first instance court accepted all the Plaintiff’s claims.
Accordingly, the defendant has filed an appeal only against the damages for delay against 10 million won, and this court shall decide only to the extent mentioned above.
2. Basic facts
A. The Plaintiff is a housing redevelopment project association that has obtained authorization to establish a project area with the area of 34,486 square meters located in Busan Jin-gu, Busan as its business area.
B. The Plaintiff obtained authorization from the head of Busan District Office on March 6, 2008 for the establishment of the association, and received authorization for the implementation of March 3, 2009, the authorization for the change of the project implementation plan on February 29, 2012, and the authorization for the management and disposal plan on March 31, 2017 (hereinafter “instant management and disposal plan”).
C. On April 5, 2017, the head of Busan District Government announced the management and disposal plan of this case. D.
The Defendant, as the owner of the real estate located in Busanjin-gu, Busan (hereinafter “instant real estate”) located in the project implementation district, leased part of the first floor of the said real estate at KRW 10,000,000 on November 23, 2016.
E. On March 13, 2019, upon C’s request, the Plaintiff paid KRW 10,000,000 on behalf of the Defendant.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings
3. The assertion and judgment
A. The Plaintiff’s assertion that the Plaintiff paid KRW 10 million to C, a lessee of the instant real estate, on behalf of the Defendant. As such, the Defendant should pay the Plaintiff the amount of KRW 10 million for indemnity and the damages for delay.
B. Article 70 (Termination of Contracts, such as Superficies) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) (1) The purpose of establishing superficies, chonsegwon, or right of lease is to implement a rearrangement project.