건물명도
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. The reasons why the cited party of the judgment of the court of first instance states concerning the instant case are as stated in the reasoning for the judgment of the court of first instance, except for the addition of the following “additional matters to be determined”, and thus, it is to accept it as it is in accordance with the main sentence
Further determinations are as follows: ① the term of the lease contract for the buildings Nos. 1, 2, and 3 of this case was implicitly renewed, and the term of the lease contract was not terminated, and even if the house is terminated, the Defendants, who are commercial tenants with opposing power, are obligated to compensate the damages suffered by the Defendants pursuant to Article 551 of the Civil Act, as they fall under the third party under the proviso of Article 548 of the Civil Act, and thus, the Defendants are not obligated to deliver each of the above buildings to the Plaintiff, which is the project implementer, and ② The Defendants are not obligated to deliver the above buildings to the Plaintiff. ② The Defendants, as the project implementer, provided direct causes for loss of the business rights of the Defendants due to the progress of the Plaintiff’s reconstruction project, and the Plaintiff is liable to pay the proceeds or compensate for damages due to tort by concluding a sales contract through consultation with the Defendants. Moreover, the Plaintiff, the project implementer, was obligated to reimburse each of the above buildings to the Defendants.
In light of the above, the above reasons cannot be seen as grounds for preventing the Plaintiff from requesting extradition pursuant to Article 49(6) of the Act on the Maintenance of Urban Areas and Dwelling Conditions, and the Defendants’ assertion also is without merit.
2. In conclusion, the plaintiff's claim against the defendants is justified, and the judgment of the court of first instance is consistent with this conclusion, and all appeals by the defendants are dismissed. It is so decided as per Disposition.