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(영문) 인천지방법원 2019.03.27 2017가단259376
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B: The real estate listed in the Appendix 1 list;

B. Defendant D shall provide the real estate listed in the Appendix 2 list.

Reasons

In full view of the purport of the entire pleadings as to the plaintiff's claim, evidence Nos. 1 through 15-5 of the evidence Nos. 1 to 15-5 of the plaintiff's claim, it can be recognized as the same facts as the statement of the grounds for the claim in the attached Form.

According to the above facts of recognition, the plaintiff may request the defendant who possesses each real estate listed in the separate sheet of real estate, except in extenuating circumstances.

Whether there are such special circumstances, the legitimacy of the defendant's defense is examined below.

As to the defendant's defense, the defendant (appointed party), the defendant D, and E were omitted in the assessment of obstacles, such as stairs hand, floor construction, entrances, doors, gates, underground rooms, rock trees, stove rooms, boiler rooms, etc. owned by them and the designated parties, and they refused to deliver them until the compensation for obstacles is completed.

We cannot accept the assertion on obstacles of the others except for G, since there is no proof.

Next, in full view of the purport of the entire arguments in Eul evidence No. 1 photographs, it can be acknowledged that there is a fact that there is not reflected in the evaluation of obstacles in the Selection G.

However, it is against the good faith principle to refuse to deliver a building on the ground that there is a separate procedure about the change of compensation for the omitted goods, monetary weight, and the compensation for the change of compensation.

The plaintiff's second defense pointing this out is reasonable, and the defendant (appointed party)'s defense is not accepted.

Although Defendant (Appointed Party) and Defendants asserted that the establishment of the Plaintiff’s association is null and void, they cannot be accepted as there is no proof.

The judgment shall be omitted because there is no dispute over resettlement funds, residential relocation expenses, and directors' expenses.

Resettlement funds, housing relocation expenses, etc.

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