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1. The Plaintiff:
(a) Defendant B, C, and D are real estate listed in the separate sheet;
B. Defendant E shall be KRW 40,000,000 from the Plaintiff.
Reasons
1. In full view of the purport of each statement in Gap's evidence Nos. 1 through 5 and Eul's evidence Nos. 1 through 3 (including branch numbers), the plaintiff is a housing reconstruction maintenance and improvement project partnership established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter "Urban Improvement Act") to implement the housing reconstruction project in Yangcheon-gu Seoul, Seoul (hereinafter "the reconstruction project in this case"), and the above management and disposal plan was publicly notified upon receipt of the management and disposal plan for the reconstruction project in this case around February 2018; defendant B, C, and D are co-owners of the real estate listed in the attached list in the reconstruction project in this case and co-owners of the above association; defendant Eul is the co-owners of the above real estate, and the above real estate was leased and possessed in the above real estate amount of KRW 40,000,000 from the co-owners
2. Determination
A. According to Article 81(1) of the Act on the Determination of the Grounds for Claim, when a right holder, such as the owner, superficies, person with superficies, leasee, etc. of the previous land or building, has publicly notified of a management and disposal plan under Article 78(4), he/she shall not use or benefit from the previous land or building until the date of the public notification of transfer under Article 86, and allow the project implementer to use or benefit from the former land or building (see Supreme Court Decision 2009Da53635, May 27, 2010). According to the above findings, the Defendants, the owner or lessee, are obligated to deliver real estate listed in the attached Table to the Plaintiff, the implementer of the reconstruction project of this case,
B. Defendant E’s assertion (1) asserts that the above Defendant cannot respond to the Plaintiff’s claim before receiving the lease deposit.
When it is impossible to achieve the purpose of establishing a right of lease or a right of lease due to the implementation of an improvement project, the right holder may cancel the contract, and the deposit and security deposit for lease owned by the person entitled to cancel the contract.