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(영문) 인천지방법원 2018.06.01 2018가단204540

건물명도(인도)

Text

1. The Plaintiff:

A. Defendant B received KRW 5,00,000 from the Plaintiff and simultaneously entered in the separate sheet No. 1.

Reasons

1. Facts of recognition;

A. The Plaintiff is the executor of the housing redevelopment and rearrangement project in Gyeyang-gu Incheon Metropolitan City D as a project implementation district, and is a partnership established on March 31, 2009, and real estate Nos. 1 and 2 of the attached Table 1 and 2 of the same Act (hereinafter “instant building”) are located within the said improvement project implementation district.

B. On July 24, 2017, the Plaintiff obtained authorization of the management and disposal plan from the head of the competent Gu, and the head of the said Gu publicly notified the details of the management and disposal plan approved on July 28, 2017.

C. On April 15, 2015, Defendant B occupied and occupied the lease deposit of KRW 10 million, KRW 350,000 per month, and the lease deposit of KRW 350,000 per month, and the period from May 1, 2015 to May 1, 2017 (the succession and implied renewal). On May 4, 2018, Defendant B returned KRW 5 million out of the lease deposit.

Defendant C occupied the building owner of the instant building on September 26, 2016, by setting the lease deposit of KRW 20 million, KRW 200,000 per month, and the time until redevelopment is relocated.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, 7, 8, 10, Gap evidence No. 2-3, 5, and 3-1 and 2, and the purport of the whole pleadings

2. As long as the management and disposal plan under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the areas including the instant building Nos. 1 and 2 is authorized and publicly announced, each lease contract between the owners and the Defendants is naturally terminated due to the impossibility of achieving the purpose of the contract. The Defendants, who become unable to use and benefit from each of the above buildings, are obliged to deliver each of them to the Plaintiff, the implementer of the said improvement project, as the Plaintiff

However, since the Defendants, who leased each of the above buildings within the redevelopment area pursuant to Article 44 of the Act on the Improvement of Urban Areas and Dwelling Conditions, can exercise the right to claim the return of the lease deposit against the Plaintiff, the Defendant B may exercise the right to claim the return of the lease deposit against the Plaintiff.