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(영문) 서울서부지방법원 2016.11.25 2016가단229433

건물명도

Text

1. The defendant shall receive KRW 15,000,000 from the plaintiff, and at the same time, shall be the movable property indicated in the attached Table to the plaintiff.

Reasons

1. In full view of the purport of the entire pleadings as to the cause of the claim Gap 1 through 4, the facts constituting the cause of the claim in the separate sheet are acknowledged (On the other hand, regarding the reconstruction rearrangement project of this case, the management and disposal plan was authorized and publicly announced June 9, 2016). Therefore, the defendant who leased and occupies real estate in the separate sheet located within the reconstruction rearrangement project zone of this case (hereinafter “instant real estate”) is obligated to deliver the instant real estate to the plaintiff who acquired the right to use and benefit from the instant real estate as the project implementer.

2. The defendant's assertion that the defendant cannot respond to the plaintiff's claim since he did not receive the security deposit of 15,000,000 won and the relocation expenses.

(B) The defendant paid KRW 15,00,000 as lease deposit to C and D, a lessor of the real estate of this case, and leased it, in full view of the purport of the entire pleadings in the statement in Eul 2, the defendant's simultaneous performance of the above claim is justified.

(4) In the case of the reconstruction project of this case, the re-building project of this case does not legally guarantee the tenant's subsidization of relocation expenses such as compensation for relocation expenses. Thus, the defendant is obligated to deliver the real estate of this case to the plaintiff at the same time with the payment of KRW 15,00,000 from the plaintiff.

Thus, the plaintiff's claim of this case is accepted within the scope of the above recognition, and the remaining claim is dismissed as there is no ground.