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1. The defendant is paid KRW 60,000,000 from the plaintiff and at the same time, among the real estate listed in the attached Table to the plaintiff.
Reasons
1. Determination as to the cause of claim
A. 1) The Plaintiff is a project implementation district of Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government Housing Reconstruction Project (hereinafter “instant rearrangement project”).
(2) The head of Mapo-gu Seoul Metropolitan Government announced the project implementation authorization and announcement on August 2013, and made the administrative disposition plan and announcement on June 2016.
3) The real estate indicated in the attached list is located within the project zone of the instant rearrangement project. 4) The Defendant leased 53.12 square meters of underground rooms among the real estate listed in the attached list in the attached list (hereinafter “instant building”) to its owner in the amount of KRW 60 million.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
B. Determination 1) Article 49(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents provides that "When the head of a Si/Gun approves a management and disposal plan pursuant to paragraph (2), he/she shall publish the contents thereof in the official report of the relevant local government." The main sentence of paragraph (6) of the same Article provides that "when a public announcement is made pursuant to paragraph (3), the owner, superficies, leasee, leasee, etc. of the previous land or structure shall not use or profit from the previous land or structure until the date of public announcement of relocation under Article 54."
2. The judgment on the defense is that the defendant cannot respond to the plaintiff's claim until he received the lease deposit from the plaintiff. Thus, the defendant cannot respond to the plaintiff's claim until he receives the lease deposit, and according to the facts acknowledged earlier, the defendant is six days against the lessor of the building of this case.