1. The defendant shall receive KRW 42 million from the plaintiff, and at the same time, the second floor of the real estate stated in the attached Table 1 to the plaintiff.

1. The description of the grounds for the claim shall be as specified in the attached Form;

(However, the plaintiff has withdrawn all of the lawsuits against the remaining Defendants). [Grounds for recognition] The plaintiff did not dispute, and the purport of Gap's evidence Nos. 1 through 3 and the whole pleadings as a whole.

2. Determination

A. The main text of Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) provides that “When the authorization of a management and disposal plan is publicly announced, owners, superficies, persons holding rights, leasers, etc. of the previous land or buildings shall not use or benefit from the previous land or buildings until the date of public announcement of relocation under Article 54.”

In addition, the fact that the head of Yangcheon-gu Seoul Metropolitan Government publicly announced the authorization of the management and disposal plan concerning the instant rearrangement project on December 10, 2015 is as seen earlier. Therefore, the Defendant, the lessee of the housing located in the zone where the instant rearrangement project is implemented, is obligated to deliver the second floor of 65.17 square meters (hereinafter “instant housing”) among the real estate listed in the attached Table 1, which is possessed by the Plaintiff, the implementer of the instant rearrangement project, to the Plaintiff

B.1) The Defendant asserts to the effect that the Plaintiff cannot respond to the Plaintiff’s claim prior to the refund of KRW 42 million for the instant housing lease deposit. In full view of the purport of the entry and the entire pleadings in the evidence No. 1, the Defendant is recognized as holding the claim for return of the deposit for lease of a house with KRW 42 million for the lessor’s temporary interests. 2) According to Article 44(1) and (2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, where the purpose of the lease is not achieved by the implementation of the relevant maintenance and improvement project, the lessee may terminate the lease contract if the purpose of the lease contract is not achieved

In addition, the project implementer's obligation to return money under such contract and the lessee's obligation to deliver the leased object is the implementation of the maintenance project and the result thereof.