1. The defendant shall receive KRW 60,000,000 from the plaintiff, and simultaneously deliver the real estate listed in the separate sheet.

2...

1. Facts of recognition;

A. The Plaintiff is a housing reconstruction association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a housing reconstruction project in Dongjak-gu Seoul Metropolitan Government C.

B. On August 12, 2010, the Plaintiff obtained authorization from the head of Dongjak-gu and completed the registration of incorporation on August 13, 2010.

C. Since then, the Plaintiff received the authorization to implement the project on December 7, 201 from the head of Gangnam-gu and the authorization to implement the management and disposal plan on May 30, 2014, respectively, and the said authorization to implement the management and disposal plan was publicly notified on June 12, 2014.

In addition, on September 1, 2014, the Plaintiff held a general meeting on September 1, 2014 to present and resolve the case of approval for the amendment of the management and disposition plan, and then obtained the authorization for the amendment of the management and disposition plan from the head of Gangnam-gu Office on October 17, 2014, which was publicly notified on October 23, 2014.

Meanwhile, the Defendant leased and occupied and used the real estate in the attached list in the Plaintiff’s project implementation district (hereinafter “instant real estate”).

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 5 (including each number, hereinafter the same shall apply) and the purport of whole pleadings

2. Determination

A. According to Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas, when the above management and disposal plan is announced, the right holder, such as the owner of the previous land or building, superficies, leasee, leasee, etc. loses his/her right to use and benefit from the lease. Therefore, the defendant is obligated to deliver the pertinent real estate to

B. As to this, the defendant shall have a defense of simultaneous performance relating to the lease deposit of the real estate of this case.

According to Article 44 (1) and (2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions, if it is impossible to achieve the purpose of a lease due to the implementation of an improvement project, the lessee may terminate the lease contract. In such cases, the obligation to return the deposit and other contractual money and the obligation to deliver the leased object is to implement the improvement project and to terminate the lease contract