건물명도(인도)
1. The Plaintiff:
(a) Defendant B and C are the real estate listed in Appendix 1’s Schedule;
B. Defendant D shall list attached Form 2 real estate.
In full view of the purport of the entire pleadings in the evidence Nos. 1 through 14 of the judgment as to the plaintiff's claim, the facts identical to the statement of the cause of the claim in the attached Form can be recognized.
According to the above facts of recognition, the plaintiff may file a claim for delivery against the defendants who possess each real estate listed in the annexed real estate list, except in extenuating circumstances.
Whether there are such special circumstances, the legitimacy of the defendant's defense is examined below.
Defendant D has a right to receive resettlement money, relocation expenses, and directors' expenses, which is compensation for loss, and may refuse to deliver until such compensation for loss is completed. Defendant D has a prior performance defense.
There is no proof of the defendant's assertion that the defendant's claim was occurred.
This part of the defendant's defense is not reasonable.
The plaintiff does not clearly dispute the transfer cost of movable property. The plaintiff's defense that the transfer cost of movable property constitutes compensation for losses under the Public Works Act referred to in the proviso of Article 81 (1) 2 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and the transfer cost of movable property constitutes a prior performance defense in essence and the refusal of delivery is not prohibited from exercising such defense in civil action. It is re-claimed by the Incheon District Court Decision 2018Da225660 Decided October 31, 2018, stating that the plaintiff's defense that he/she would not exercise such defense in civil action. The plaintiff completed the compensation
According to the evidence No. 15, the Plaintiff’s deposit of KRW 1,549,947 for the transfer of movable property with Defendant D on February 1, 2019 can be acknowledged as the completion of such compensation.
The plaintiff's second defense is reasonable, and this part of the defendant's defense is not acceptable.
Next, the defendant D is out of the obstacles owned by the lessor(owner) G.