beta
(영문) 서울서부지방법원 2017.01.25 2016가단229785

건물명도

Text

1. The defendant shall receive KRW 5,000,000 from the plaintiff, and simultaneously deliver the real estate listed in the separate sheet.

2...

Reasons

The assertion and determination of the parties concerned and the Plaintiff’s association are housing reconstruction and rearrangement project cooperatives whose project implementation district is 65,148 square meters in Mapo-gu Seoul Metropolitan Government, the fact that the Defendant is a lessee of real estate located in the attached Table located in the instant project implementation district, the Defendant paid KRW 5,00,000 as the lease deposit for the said real estate, and the fact that the Plaintiff’s association obtained the approval of the management and disposal plan from the head of Mapo-gu office on June 3, 2016 and announced it by the head of Mapo-gu office on June 9, 2016 may be recognized by the entry in the evidence Nos. 1 through 4, and No. 1.

According to the above facts, pursuant to Articles 49(6) and 44 of the Act on the Maintenance of Urban and Residential Environments, the defendant has a duty to receive KRW 5,00,000 from the plaintiff and deliver the real estate stated in the attached list to the plaintiff.

Furthermore, the defendant's assertion that directors' expenses and compensation for losses should be paid, but this cannot be asserted as a ground for defense in the lawsuit of this case, aside from the fact that it is separately disputed through administrative litigation.

Therefore, the plaintiff's claim is accepted within the above scope of recognition, and the remaining claims are dismissed as there is no reason. It is so decided as per Disposition.