1. The defendant shall receive KRW 42,00,000 from the plaintiff and deliver the attached building to the plaintiff at the same time.

2...

1. Facts of recognition;

A. The Plaintiff is a housing reconstruction and improvement project partnership that obtained authorization from the head of Seocho-gu Seoul Metropolitan Government on March 9, 2015 under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a reconstruction project for Seocho-gu Seoul Metropolitan Government C

B. The head of Seocho-gu approved the project implementation plan on July 13, 2016 to the Plaintiff, and approved the management and disposal plan on December 21, 2017, and publicly notified the Seocho-gu public notice D on December 28, 2017.

C. Attached real estate is located in the project implementation district, and the defendant occupies it as a lessee.

【Non-Dispute】

2. Article 81(1) of the Act on the Determination of Grounds for Claim provides that “Any holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or building shall not use or benefit from the previous land or building until the date of the public notice of transfer under Article 86, unless there are grounds stipulated in each of the following subparagraphs, unless there is a public notice of the approval of the management and disposal plan under

Since the public notice of the approval plan for the management and disposal plan has been given to the plaintiff, the plaintiff, the project implementer, may proceed with the project by removing buildings in the rearrangement zone, and for this purpose, the right holder of the land or building shall transfer the land or building he/she occupies to the project implementer.

Therefore, barring special circumstances, the Defendant should deliver to the Plaintiff the building possessed simultaneously with the return of the deposit for lease from the Plaintiff.

3. Judgment on the defendant's dispute

A. The defendant, who violated procedures, such as prior consultation, asserts that the head of Seocho-gu should complete the organization of the prior consultative body before the application for approval of the management and disposal under the condition that the project plan is approved, and that the plaintiff could not respond to the request, even though the plaintiff

The prior consultative body shall have a dispute arising from the implementation of redevelopment, reconstruction, etc.