1. The defendant shall receive KRW 80,000,000 from the plaintiff and at the same time real estate stated in the attached Table to the plaintiff.

1. Facts of recognition;

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, on June 14, 2012, leased the instant real estate within the said project implementation district in KRW 80,000,000, and around that time, paid the said lease deposit to the lessor D. The Defendant occupied the instant real estate until now.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the 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 80,000,000,000. Thus, it is reasonable to view that the obligation to return the lease deposit of the real estate of this case that the plaintiff, who is the project implementer, bears to the defendant, who is the lessee, and the obligation to deliver the real estate of this case to the plaintiff of this case is based on the same legal relationship, such as the implementation of the housing reconstruction project and the termination of the lease contract.

The defendant's above assertion is with merit.

B. The defendant asserts that since the lease of the real estate of this case and the lawsuit claiming sale are pending, the plaintiff cannot respond to the plaintiff's claim.

However, when a management and disposal plan is authorized and announced under the main sentence of Article 49 (6) of the Act, the right to use and benefit from the relevant real estate is transferred to the association.