beta
Text
1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
3...
Reasons
1. The Plaintiff’s determination as to the cause of the claim is the Housing Reconstruction Project Association that is the Seoul Mapo-gu District Project District. The head of Mapo-gu, Seoul, authorized the Plaintiff’s management and disposal plan on June 3, 2016 and announced it on June 9, 2016. The Defendant’s real estate listed in the attached list in the said project implementation district (hereinafter “instant real estate”) on April 1, 2010, the lease deposit amount of KRW 20 million from E, the owner of which was KRW 60,000 (the rent was set at KRW 600,000 per month, but has increased to KRW 80,00,000 per month from September 20, 2014). Since the above lease deposit was paid to the lessor E, the lessee who occupied and provided the instant real estate, and the Defendant did not have any dispute between the parties to the instant real estate and the parties to the lawsuit, or it can be acknowledged that the aforementioned lease deposit was included in the evidence number No. 1 or the entire evidence No.
According to the above facts, the defendant, who is a tenant of the instant real estate located within the plaintiff's project implementation district, is obligated to deliver the instant real estate to the plaintiff pursuant to Article 49 (6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter "Urban Improvement Act"),
2. Judgment on the defendant's assertion
A. The Defendant asserts that it is impossible to comply with the Plaintiff’s claim before receiving KRW 20,00,000,000. Thus, it is deemed that the obligation to return the lease deposit of the instant real estate owed by the Plaintiff to the Defendant who is the lessee pursuant to Article 44(1) and (2) of the Act on the Maintenance and Improvement of Urban Areas and the Defendant’s obligation to deliver the instant real estate to the Plaintiff is based on the same legal relationship, such as the implementation of the housing reconstruction rearrangement project and the termination of the lease agreement.