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(영문) 서울서부지방법원 2017.01.10 2016가단226175
건물명도
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Basic facts

A. The Plaintiff is a housing reconstruction and improvement project association which has obtained authorization for the establishment of the Mapo-gu Seoul Metropolitan Government Seoul Metropolitan Government Seoul Mapo District as a project implementation district under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and the head of Mapo-gu Seoul Metropolitan Government grants authorization for the housing reconstruction project implemented by the Plaintiff

6. 9. The notice was made.

B. The Defendant leased and occupied the buildings listed in the attached list in the said project implementation district.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts, pursuant to Articles 48-2(1) and 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the defendant is obligated to deliver buildings listed in the attached list to the plaintiff.

B. As to this, the Defendant asserts that it is impossible to respond to the Plaintiff’s claim because it was unable to receive the lease deposit and the compensation for relocation, but there is no evidence to acknowledge that the Defendant has the right to return the lease deposit. Unlike the residential environment improvement project and the housing redevelopment project, the Defendant cannot claim relocation expenses, etc. to the project implementer in the housing reconstruction project for which the expropriation and use under the Act on the Acquisition of Land, etc. for Public Works and

3. The plaintiff's claim for conclusion is justified and acceptable.

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