(영문) 서울서부지방법원 2016.03.24 2015가단231996

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(영문) 서울서부지방법원 2016.03.24 2015가단231996

건물명도

Text

1. The Plaintiff:

A. Defendant B received KRW 20,000,000 from the Plaintiff and simultaneously entered in Section 5 of the attached Table.

Reasons

1. According to each of the evidence Nos. 1 through 8 (including paper numbers) as to the establishment of the obligation to deliver real estate, the facts constituting the grounds for the attachment can be acknowledged. The defendants shall not use or profit from each of the buildings occupied and used in the claims under the main sentence of Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

Therefore, barring special circumstances, each building occupied and used by the Plaintiff is obligated to be transferred to the Plaintiff who implements the rearrangement project.

2. The defendants' assertion and judgment

A. The Defendants’ assertion (1) Defendant B, C, and D paid KRW 20 million to the lessee for the rent of KRW 20 million for the real estate listed in [Attachment List No. 5], and Defendant C operated a restaurant from around that time by bringing about KRW 15 million for the interior work. Defendant C leased the real estate listed in [Attachment List No. 6] to KRW 60 million for the commercial use of KRW 60 million for the purpose of using the commercial use of KRW 12 million for electricity pressure and urban gas construction cost, KRW 12 million for the toilet installation cost, and KRW 73 million for the use of the restaurant from that time. Defendant D paid KRW 30 million for the rent of KRW 20 million for the lease of KRW 20 million for the lease of KRW 20 million for the lessee, and Defendant D operated the restaurant from that time to time due to each of the instant improvement projects.

Therefore, the plaintiff shall pay the compensation and moving expenses so that the above investment can be recovered, and shall also pay the lease deposit and premium, so it cannot deliver each building occupied and used until it reaches.

(2) Defendant E and F cannot deliver each part of the building that Defendant E and F occupy and use until compensation is paid.

(b) judgment (1) compensation and moving expenses.

참조조문

-도시 및 주거환경정비법 제49조 제6항

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