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(영문) 대법원 2017.02.15 2013다40643
건물인도
Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the relevant legal principles and records, the lower court’s rejection of the Defendant’s simultaneous performance defense on the grounds that: (a) the obligation to relocate the residence of a resident of a residential building, the obligation to pay expenses for director, and the obligation to deliver real estate borne by the occupant of a residential building for which compensation for expropriation was paid cannot be recognized in the course of performance; and (b) contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine on simultaneous performance defense rights

2. As to the grounds of appeal Nos. 2 and 3

A. As for the reasons in a written judgment, it is sufficient to indicate the judgment on the party’s assertion and other means of offence and defense to the extent that it can be recognized that the text is justifiable (Article 208 of the Civil Procedure Act). Therefore, it is unnecessary to determine all of the parties’ allegations or means

On the other hand, even if the specific direct judgment on the matters alleged by the parties was not indicated in the reasons for the judgment, if it can be known that the assertion was cited or rejected in light of the overall purport of the reasons for the judgment, it cannot be deemed an omission of judgment, and even if the decision was not actually made, it cannot be deemed that there was an omission of judgment, unless

(See Supreme Court Decision 2002Da56116 Decided December 26, 2002, and Supreme Court Decision 2006Da218 Decided July 10, 2008, etc.) B.

(1) According to the records, although Article 12(1) of the Plaintiff Union’s articles of association provides that the selection of a city project shall be made by means of a general competitive bidding or a selective competitive bidding, it is null and void to select a lot construction corporation (hereinafter “shot Construction”) as a city project without a competitive bidding by a joint implementer, and the project implementation plan and the management disposition plan based on

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