1. The defendant shall receive KRW 10,000,000 from the plaintiff and at the same time real estate stated in the attached Table from the plaintiff.

1. Facts of recognition;

A. The Plaintiff was a cooperative established to implement a housing reconstruction improvement project (hereinafter “instant improvement project”) within 65,148 square meters in Mapo-gu Seoul Metropolitan Government, and was authorized and publicly announced by the head of Mapo-gu Seoul Metropolitan Government on June 9, 2016 by the head of Mapo-gu Seoul Metropolitan Government.

B. On January 23, 2015, the Defendant leased the lease period of the real estate indicated in the separate sheet (hereinafter “instant real estate”) located within the instant rearrangement project zone from the lessor D D D D D and thereafter, from February 1, 2015 to February 1, 2017, the deposit amount of KRW 10,000 from around that time.

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

2. 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 disposition plan is publicly announced, the owner, superficies, leaseer, etc. of the previous land or building shall not use or benefit from the previous land or building until the date of the public announcement of relocation under Article 54.” The fact that the management and disposition plan regarding the instant rearrangement project was authorized and publicly announced on June 9, 2016 is as seen earlier. Therefore, the Defendant, the lessee of the instant real estate, is obligated to deliver the instant real estate to the Plaintiff, barring special circumstances.

3. Defendant’s assertion and judgment

A. The Defendant asserts that the Plaintiff cannot comply with the Plaintiff’s claim prior to the refund of the instant real estate lease deposit. (2) According to Article 44(1) and (2) of the Urban Improvement Act, where the purpose of the lease is not achieved due to the implementation of an improvement project, the lessee may terminate the lease contract if the purpose of the lease cannot be achieved due to the implementation of the improvement project. In this case, the right to claim the return of the deposit and other contractual money.