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(영문) 서울서부지방법원 2017.01.13 2016가단228447
건물명도
Text

1. The defendant shall receive KRW 65,000,000 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 amounting to 65 million won and the compensation amount.

(B) In light of the overall purport of the evidence submitted in the instant case, the Defendant paid deposit of KRW 65 million to C and D, a lessor of the instant real estate, and leased the deposit. Thus, the Defendant’s simultaneous performance of the obligation to return the deposit of KRW 65 million among the above allegations is justified.

However, in the reconstruction improvement project of this case, it is not legally guaranteed the compensation such as the cost of moving a house for the tenant, and the remainder of the assertion is rejected.

3. Ultimately, the Defendant is obligated to deliver the instant real estate to the Plaintiff at the same time with the Plaintiff’s payment of the lease deposit of KRW 65 million.

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.

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