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(영문) 서울남부지방법원 2017.07.26 2017가단205442

건물명도(인도)

Text

1. The Plaintiff:

A. Defendant B Co., Ltd. shall receive KRW 25,073,00 from the Plaintiff and shall list the attached list in repayment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and consolidation project association that sets the Seoul Yeongdeungpo-gu E Group as a project implementation district.

The head of Yeongdeungpo-gu Seoul Metropolitan Government approved the management and disposal plan of the plaintiff around October 2015 and publicly notified it.

B. Defendant B Co., Ltd. shall be listed in the attached list.

The real estate was leased in KRW 40,000,000, monthly rent of KRW 1,200,000, and the unpaid monthly rent of KRW 14,927,000 as of May 2017.

C. Defendant C Co., Ltd. shall be listed in the attached list.

An immovable property is leased of KRW 50,000,000, monthly rent of KRW 1,500,000. The rent for the unpaid month as of May 2017 and damages for delay are KRW 18,825,625.

Defendant D shall be recorded in the separate sheet E.

It is the lessee of the immovable property.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 17 evidence (including paper numbers), the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the plaintiff's cause of action, the defendants, the lessee of each real estate listed in the separate sheet located in the plaintiff's project implementation district, are obligated to deliver the real estate of this case to the plaintiff pursuant to Article 49 (6) of the Act

B. Determination on Defendant B and C’s defense 1) The obligation to return the instant real estate leased deposit owed by the Plaintiff to Defendant B and C, a lessee, pursuant to Article 44(1) and (2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and the obligation of the said Defendants to deliver the instant real estate to the Plaintiff is in a simultaneous performance relationship under the principle of equity, inasmuch as the said Defendants’ obligation is based on the same factual relationship with the implementation of a housing redevelopment project and the termination of a lease agreement thereby. Therefore, the Plaintiff is in a simultaneous performance relationship under the principle of equity. Accordingly, the Defendant B was paid to the Plaintiff (40 million won - 14,927,00 won) from the Plaintiff.

The defendant C, the real estate of this paragraph, and the defendant C.