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(영문) 서울중앙지방법원 2015.06.08 2014가단5354083
건물명도
Text

1. The defendant shall receive KRW 10,000,000 from the plaintiff, and at the same time, shall be the real estate stated in attached Table 2 to the plaintiff.

Reasons

1. In full view of the purport of the entire pleadings in Gap evidence Nos. 1 to 4 (including paper numbers) and evidence Nos. 5-2 as to the cause of the claim, the defendant can recognize the corresponding part of the facts in the grounds of the claim in the attached Form No. 1 to 5

Thus, barring any special circumstance, the Defendant whose profit has been suspended as the lessee of the building section as stated in the Disposition No. 1 (hereinafter “instant building section”) pursuant to the notice of authorization of the instant management and disposition plan, is obligated to deliver the instant building section to the Plaintiff who acquired the right to use and benefit from the instant building as the

2. Judgment on the defendant's defense

A. First, the Defendant’s defense to the effect that the Plaintiff cannot respond to the Plaintiff’s claim until receiving compensation for the premium and time facility invested in the instant building portion.

However, there is no obligation to compensate the Plaintiff, who is the implementer of the housing reconstruction project, for the key money and facility costs for the Defendant, who is the lessee, so the Defendant’s above assertion is without merit

B. The defendant cannot respond to the plaintiff's request for extradition until the deposit is returned again.

The defendant paid 10,00,000 won to the lessor C, and there is no dispute between the parties to the lease of the building part of this case. Thus, the defendant can seek the return of the above deposit pursuant to Article 44(1) and (2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents. Since the defendant's duty to deliver the building part of this case is concurrently performed with the duty to return the deposit to the plaintiff, the defendant's defense is justified.

3. In conclusion, the defendant is obligated to receive KRW 10,00,000 from the plaintiff and deliver the part of the building of this case to the plaintiff at the same time. Thus, the plaintiff's claim against the defendant is accepted within the extent of the above recognition, and the remaining claims are dismissed as they are without merit.

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