건물명도(인도)
1. The Plaintiff:
A. Defendant B delivers the real estate listed in Appendix 1 List 1;
B. The defendant C shall list the annexed sheet 1.
1. Determination as to the cause of claim
A. In full view of the purport of the entire pleadings, the facts as stated in the reasons for the claim in the separate sheet Nos. 1 through 5 (including evidence numbered) can be acknowledged.
B. According to the above facts, pursuant to the main sentence of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, Defendant B is obligated to deliver to the Plaintiff the real estate listed in attached Table 1(1), and Defendant C is obligated to deliver each of the real estate listed in attached Table
2. Determination as to Defendant B’s assertion
A. The summary of the assertion 1) Defendant B is a lessee of a building (user), and as such, Defendant B was unable to recover KRW 5,000,000 from the lessor or the Plaintiff, it cannot respond to the Plaintiff’s claim (hereinafter “the Chapter I”).
(2) Defendant B was unable to comply with the Plaintiff’s claim, since it was not paid the Plaintiff’s relocation expenses, etc.
(hereinafter referred to as the “section 2”). (b)
In full view of the overall purport of the argument as to Defendant B’s first claim, the fact that Defendant B’s lease deposit paid by Defendant B constitutes 5,000,000 can be acknowledged.
However, in full view of the purport of the entire argument in Gap's evidence No. 10 (Receipt), it can be acknowledged that there was a receipt on January 20, 2019, which was registered in the name of defendant B, and that the above receipt contains "one million won per day and five million won in full," and according to the above facts, it is reasonable to deem that defendant B was returned the lease deposit amount of KRW 5 million.
Therefore, the defendant B's first proposal is rejected.
C. Resettlement funds, housing relocation expenses, and movable property transfer expenses recognized under Article 78(1) and (5) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects for the Decision on Chapter II of the same Act (hereinafter “Public Works Act”), Article 41 of the Enforcement Decree of the same Act, and Articles 53 through 55 of the Enforcement Rule of the same Act are the pertinent public work.