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(영문) 서울서부지방법원 2017.01.25 2016가단226441

건물명도

Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

The assertion and determination of the parties concerned and the Plaintiff’s association are housing reconstruction and rearrangement project cooperatives whose project implementation district covers 65,148 square meters in Mapo-gu Seoul Metropolitan Government, the fact that the Defendant is a lessee of real estate in the attached Table located in the instant project implementation district, and on June 3, 2016, the Plaintiff’s association obtained the approval of the management and disposal plan from the head of Mapo-gu office on June 9, 2016, and announced it by the head of Mapo-gu office on June 9, 2016 may be recognized either as a dispute between

According to the above facts, the defendant is obligated to deliver real estate listed in the attached list to the plaintiff pursuant to Article 49 (6) of the Act on the Maintenance of Urban and Residential Environments.

Although the defendant's assertion that the relocation cost, etc. should be paid, it cannot be asserted as a ground for defense in the lawsuit of this case, aside from the fact that it can be asserted through a separate administrative litigation.

(In addition, since the defendant is the person who 2,00,000 won of the lease deposit paid by the defendant at the end of December 2016 is the monthly reduction, it shall not be judged separately as to the lease deposit paid by the defendant). In conclusion, the plaintiff's claim is reasonable, and it is decided as per the disposition.