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(영문) 서울북부지방법원 2018.08.21 2017가단131827
건물명도(인도)
Text

1.For the plaintiff:

The defendantB shall set forth the attached Table 2 List 1. paragraph (1) in attached Table 3.

The defendantC shall set forth the attached Table 2. Paragraph 2., and D.

Reasons

1. Grounds for claims: To be stated in attached Form of grounds for claims;

2. Grounds for recognition;

A. In full view of the overall purport of the pleadings, the facts of the cause of the above claim and the fact that the compensation according to the adjudication of expropriation was deposited is acknowledged in the statement in Defendant B, G A’s evidence Nos. 1 through 7.

Defendant G asserts that a person subject to cash settlement has no obligation to deliver until he/she pays housing relocation expenses, resettlement funds, and director's expenses. However, there is no evidence to acknowledge that the above Defendant has a right to claim for housing relocation expenses, etc. under the statutes, and there is no relation between the project implementer's obligation to pay housing relocation expenses, director's expenses, etc., and the obligation to deliver real estate to the occupant of a residential building who has received compensation for expropriation, and the obligation to deliver real estate is not in a simultaneous performance relationship (see, e.g., Supreme Court Decision 2013Da40643, Feb. 15, 2017). The above argument by the above Defendant is without merit.

B. The remaining Defendants: Each judgment on deemed confession (Article 208(3)2 of the Civil Procedure Act)

3. The plaintiff's claim for conclusion is with merit, and it is so decided as per Disposition.

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