1. The defendant is paid KRW 5,000,000 from the plaintiff, and at the same time, the real estate stated in the attached Table is among the fourth floor of the plaintiff.

1. Determination as to the cause of claim

A. 1) The Plaintiff is a housing reconstruction and rearrangement project association that has obtained authorization to establish the Mapo-gu Seoul Metropolitan Government Association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents. The head of Mapo-gu Seoul Metropolitan Government approved the management and disposal plan on June 3, 2016 regarding the housing reconstruction project implemented by the Plaintiff, and announced it on June 9, 2016. 2) The Defendant leased the deposit deposit amount of 30.82 square meters in a ship (hereinafter “instant store”) which connects each point of 5,00,000,000 won and 300,000,000 won per the following month among the real estate listed in the attached list in the said project implementation district.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 4, Eul evidence 1, the purport of the whole pleadings]

B. When the approval of the management and disposal plan under Article 49(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) is publicly notified, the use and profit of the right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or buildings shall be suspended, and the project implementer may use and profit from the former land or buildings (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). According to the above recognition, the Defendant, who is the lessee of the instant store, has the duty to deliver the instant store to the Plaintiff,

2. Judgment on the defendant's assertion

A. The defendant asserts to the effect that the plaintiff cannot respond to the plaintiff's claim before the deposit amount of 5,000,000 won is refunded.

When it is impossible to achieve the purpose of creation of superficies, chonsegwon, or right of lease due to the implementation of an improvement project, the right holder may terminate the contract (Article 44(1) of the Urban Improvement Act), and the deposit money, security deposit, and other money under the contract held by the person who is entitled to terminate the contract as above.