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(영문) 서울서부지방법원 2016.11.17 2016가단208887

건물명도

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1. The Plaintiff, the Defendant B, the real estate listed in the attached Form 3, and the Defendant C, the real estate listed in the attached Form 4.

Reasons

Attached Form

The facts in the cause of the claim do not conflict between the parties, or can be acknowledged in full view of the whole purport of the pleadings as stated in Gap evidence Nos. 1 through 5. Thus, the defendants are obligated to deliver each real estate possessed by the plaintiff within the plaintiff's business area.

Although Defendant C is a lessee, it is alleged that it cannot respond to the Plaintiff’s claim before receiving the lease deposit, the house transfer expense and the house transfer expense, there is no evidence to prove the amount of the lease deposit, and the house transfer expense and the house transfer expense are entitled to receive them by the said Defendant.

In light of the fact that the purpose of recognition is not to compensate for the loss suffered by the owner due to the implementation of the project, but to be paid in the social security level, the obligation to pay is a preferential performance relationship than the obligation to deliver the building of the above defendant.

Since the above defendant's assertion cannot be seen as having a simultaneous performance relationship, all of the above defendant's arguments are without merit.

Therefore, the plaintiff's claim of this case shall be accepted for all reasons and it is so decided as per Disposition.

(However, the costs of lawsuit are assessed against each of the Defendants in light of the fact that some of the Defendants voluntarily expressed their intent to deliver them.