1. Of the part against the defendant in the judgment of the first instance, the part against the plaintiff ordering payment shall be revoked.

1. Basic facts

A. The Plaintiff is a housing redevelopment and rearrangement project association established to implement a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) on a parcel of 67,271.5 square meters, Jung-gu, Seoul, and Y, Jung-gu, and 59 square meters, and obtained authorization from the head of the Gu on May 2010, and obtained authorization for the implementation plan after obtaining authorization for the establishment of a project

In addition, the head of Jung-gu Seoul Metropolitan Government approves the management and disposition plan of the plaintiff on July 4, 2012, and the same month.

5. The content was publicly notified.

B. On July 2, 2008, G entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant as the Defendant’s representative, with respect to the first floor H No. 1 in Jung-gu Seoul Special Metropolitan City (hereinafter “instant building”) located within the instant rearrangement project zone, with the term of KRW 20 million and the term of the lease from July 6, 2008 to July 6, 2010 (hereinafter “instant lease agreement”).

C. After entering into the instant lease agreement, I paid KRW 20 million to G. Since July 2008, K, the I’s error, was residing in the instant building.

After obtaining the approval of the project implementation plan, the Plaintiff demanded I to leave the instant building for the implementation of the instant improvement project, but I refused to comply with the request before receiving the lease deposit.

E. On July 12, 2013, the Plaintiff paid KRW 20 million to the lessee I of the instant building, and thereafter I removed from the instant building.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-7, Gap evidence 3-8, Gap evidence 8-1, 2, Gap evidence 10, Gap evidence 11, and Gap evidence 14-1 through 3

2. Relevant provisions of the Urban and Residential Environment Improvement Act (amended by Act No. 11293, Feb. 1, 2012; hereinafter “Urban Improvement Act”) are as follows:

Article 44 (Termination of Contracts, such as Superficies) (1) Any superficies, chonsegwon, or right of lease due to the implementation of an improvement project.