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(영문) 인천지방법원 2019.03.06 2018가단248458

건물명도(인도)

Text

1. The Plaintiff:

(a) The Appointor D shall have the real property listed in the Appendix 1 list:

B. The defendant (Appointed Party) B 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, Gap evidence Nos. 1 through 15 (including evidence with a serial number), the facts identical to the entry of the cause of the claim in the attached Form can be acknowledged.

According to the above facts of recognition, the plaintiff may request the defendant, the defendant (appointed party) and the appointed party who possess each real estate listed in the annexed real estate list, unless there are special circumstances.

If such special circumstances exist, the legitimacy of the defense will be examined below.

As to the defenses of the Defendant (Appointed Party), the Defendant (Appointed Party) has the right to receive resettlement funds, relocation expenses, and director expenses, which are compensation for loss, and may refuse to deliver until such compensation for loss is completed.

There is no evidence to prove that the claims for the transfer of the Defendant (Appointed) and the appointed parties have occurred. The relocation funds of the Defendant (Appointed Party) and the appointed parties, the dwelling relocation expenses of the Defendant (Appointed Party) and the appointed parties D, and the transfer expenses of the movables of the appointed parties D have occurred.

This part of the defense is not reasonable.

The remainder of the cost of moving a house, movable property, is not clearly disputed by the Plaintiff, and the cost of moving a house, the cost of moving a house, and the cost of moving a house constitutes compensation for losses under the Public Works Act as referred to in the proviso of Article 81(1)2 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions, and the defense that the delivery of a house constitutes a prior performance defense in essence, and the defense that the delivery of a house is refused until it is paid is not prohibited from exercising the right of defense in civil litigation, refer to the case of Incheon District Court Decision 2018Da225660 Decided October 31, 20

According to Gap evidence Nos. 16-1 through 4, the plaintiff's agreement on February 7, 2019 and

2.11. Recognizing that such compensation has been completed by depositing the cost of relocation of the dwelling in question and the cost of relocation of the movable property.