beta
(영문) 서울서부지방법원 2016.11.30 2016가단238277

건물명도

Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

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

3...

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 4 as to the cause of the claim, the plaintiff is a housing redevelopment and rearrangement project association established for the purpose of implementing a house redevelopment and rearrangement project, the project district of which is 62,245.80 square meters in Mapo-gu Seoul, Seoul, with the aim of implementing a project implementation district, and is notified by the head of Mapo-gu on December 8, 2014 by the head of Mapo-gu, upon receiving an approval for the management and disposal plan from the head of Mapo-gu office on March 12, 2015. The fact that the building indicated in the attached list is located within

According to the above facts of recognition, the defendant is obligated to deliver the building listed in the attached list to the plaintiff pursuant to Article 49 (6) of the Act on the Maintenance and Improvement of Urban Areas

Although the defendant asserts that the minimum amount of damages is lacking, it is only a reason to dispute whether or not the compensation for damages has been made through a separate administrative litigation, and it cannot be asserted as a ground for defense to refuse the request for extradition in the lawsuit of this case.

In conclusion, the plaintiff's claim is reasonable, and it is decided as per Disposition.