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1.(a)
Defendant B received KRW 50,000,000 from the Plaintiff and simultaneously entered in the attached Table 2 in the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a reconstruction business cooperative aimed at implementing a reconstruction project for L and M members in Yangcheon-gu Seoul Metropolitan Government (hereinafter “instant project”). The Defendants are the tenants who occupy the fourth floor buildings located in Yangcheon-gu Seoul Metropolitan Government N (hereinafter “instant building”) in the instant project area as shown in the attached list.
B. On February 14, 2018, the head of Yangcheon-gu Seoul Metropolitan Government announced the management and disposal plan under Article 74 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).
[Reasons for Recognition] between the Plaintiff and the Defendant B, C, D, E, F, G, J, and K: The absence of any dispute, entry of the evidence No. 3, the purport of the entire pleadings, as well as between the Plaintiff and the Defendant H and I: Confession
2. The main text of Article 81(1) of the Act on the Determination of Grounds for Claims provides that “When the authorization of the management and disposal plan is publicly announced, any right holder, such as the owner, superficies, leasee, etc. of the previous land or building may not use or profit from the previous land or building until the date of the public announcement of transfer under Article 86.” Thus, when the public announcement of the approval plan for the management and disposal plan is made, the use or profit of the right holder, such as the owner, superficies, leasee, etc. of the previous land or building, shall be suspended, and the project implementer may use or benefit from the former land or building (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). According to the above facts, the Defendants, who were the lessee whose use or benefit was suspended following the public announcement of the approval plan for the management and disposal plan of the rearrangement project of this case, are obligated
3. Judgment on the defendants' assertion
(a) Defendant B, C, D, E, as to the simultaneous performance defense;