건물명도(인도)
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
The reasoning of the court of the first instance’s explanation as to this case is as follows, except where the defendant adds “2. Additional Judgment” as to the matters raised by adding or repeating a trial at the court of first instance, and thus, it is identical to the ground of the first instance judgment. Thus, it is acceptable to accept this as it is in accordance with the main sentence of
(However, it is recognized that the defendant is subject to cash settlement when the plaintiff tried to hold a consultation three times from September 19, 2018 to March 31, 2019, which is after the expiration of the period for application for parcelling-out with the defendant.
② The Defendant owns three real estate regarding the instant business. The Plaintiff seeking delivery of only the instant real estate among the instant real estate is intended to remove the instant real estate, which is a building, and make it impossible to give appraisal. The Plaintiff’s filing of the instant lawsuit is a means to lower the amount of cash settlement, and is in violation of the abuse of rights or the principle of good faith.
Judgment
① The above argument cannot be deemed as falling under “a person who voluntarily withdraws an application for parcelling-out after the period for application for parcelling-out expires after the application for parcelling-out expires (see Supreme Court Decision 2018Da261216, Dec. 27, 2018).” As seen earlier, even if the representative of the Plaintiff has attempted three times after the expiration of the period for application for parcelling-out, he/she shall be given an additional opportunity to withdraw the application for parcelling-out by modifying the contents of the articles of incorporation.
No one may be deemed to have expressed a public opinion that recognizes the defendant as a person subject to cash settlement, and an additional opportunity to withdraw the application for parcelling-out shall be given to the defendant in consideration of all the circumstances, such as the various interests of the members, the project cost expected to be required for the rearrangement project, the degree of relocation of members, cash clearing persons, tenants, etc., and the possibility