1. Defendant B received KRW 5,000,000 from the Intervenor succeeding to the Plaintiff at the same time, and simultaneously to the Intervenor succeeding to the Plaintiff.

1. Basic facts

A. The Defendants leased part of the instant building from the Plaintiff, the owner of the instant building, and possessed each of the parts indicated in the order among the instant building at present.

B. On December 31, 2015, the Plaintiff had completed the registration of ownership transfer in the future of the Plaintiff’s succeeding intervenor on the ground of sale on April 2, 2010 with respect to the instant building, which was pending in the instant lawsuit.

C. On April 21, 2015, the Plaintiff’s succeeding intervenor was a project implementer to implement an urban environment rearrangement project in Jung-gu Seoul Metropolitan Government D, and the project implementer was authorized to implement the urban environment rearrangement project on April 21, 2015, and the head of Jung-gu Seoul Metropolitan Government approved the management and disposal plan on September 11, 20

The building of this case is located within the urban environment rearrangement project zone.

[Reasons for Recognition: Facts without dispute, Gap 1, 2 evidence, Gap 12 evidence, purport of the whole pleadings]

(3) When the head of a Si/Gun approves a management and disposal plan pursuant to paragraph (2), he/she shall publicly announce the details thereof in the official bulletin of the relevant local government.

(6) When the public announcement is made pursuant to the provisions of paragraph (3), any right holder, such as 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 public announcement of relocation under Article 54.

Article 44 (Termination of Contracts, such as Superficies) (1) If it is impossible to achieve the objective of creation of superficies, chonsegwon, or right of lease due to the implementation of an improvement project, the right holder may terminate the contract.

(2) A person entitled to terminate a contract under the provisions of paragraph (1) may exercise the right to request a project operator to return the security deposit, security deposit, and other money under contract.

3. Determination as to the Plaintiff’s claim against the Defendants

A. The Plaintiff’s assertion is against the Defendants.