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(영문) 인천지방법원 2019.03.27 2018가단261901

건물명도(인도)

Text

1. The Plaintiff:

(a) The Selection C shall have the real property listed in the Appendix 1 list:

B. The defendant (appointed party) shall be as shown in attached Table 2.

Reasons

In full view of the purport of the entire pleadings as to the plaintiff's claim, evidence Nos. 1 through 16-2 of the evidence Nos. 1 to 16-2 of the plaintiff's claim, it can be recognized as the same facts as the statement of the grounds for the claim in the attached Form.

According to the above facts of recognition, the plaintiff may request the defendant who possesses each real estate listed in the separate sheet of real estate, except in extenuating circumstances.

Whether there are such special circumstances, the legitimacy of the defendant's defense is examined below.

On the defendant's defense, the defendant (appointed party) omitted from the appraisal of the obstacles, such as stairs knife, rail, landscape trees, floor construction, etc. owned by the Appointed C, which is a defense that the defendant refused to deliver until the compensation for the obstacles is completed.

In full view of the purport of the entire argument in Eul evidence Nos. 3, it can be recognized that there is a fact that the flight of stairs, rail, and landscape trees owned by the appointed party C are not reflected in the assessment of obstacles.

However, it is against the good faith principle to refuse to deliver a building on the ground that there is a separate procedure about the change of compensation for the omitted goods, monetary weight, and the compensation for the change of compensation.

The plaintiff's second defense pointing this out is reasonable, and the defendant (appointed party)'s defense is not accepted.

Although the Defendant (Appointed Party) asserts that the establishment of the Plaintiff’s association is null and void, it cannot be accepted as there is no proof.

The judgment shall be omitted because there is no dispute over resettlement funds, residential relocation expenses, and directors' expenses.

Resettlement funds, relocation expenses, and movable property transfer expenses shall be deemed compensation for losses under the Public Works Act referred to in the proviso to Article 81 (1) 2 of the Act on the Maintenance and Improvement of Urban Areas.

The nature of the defense that the delivery is refused until it is paid is a prior performance defense.

(2).