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1. The Plaintiff:
A. Defendant B, E, F, G, and H are as indicated in attached Form 2 “the indication of the real estate to be extradited by the Defendant.”
Reasons
1. In light of the overall purport of the pleadings in each of the statements in Gap evidence Nos. 1 and 6 (including additional numbers) as to the cause of the claim, the defendants are obligated to deliver the pertinent real estate to the plaintiff by each defendant as stated in the attached Table No. 2, unless there are special circumstances.
2. Judgment on the defendants' assertion
A. Defendant C asserted that Defendant C had the duty to deliver the leased object at the same time with the payment of KRW 100,000,000 from the lessor B or the Plaintiff. Thus, in full view of the purport of the argument in the statement in the evidence Nos. 1 and 2, it is recognized that the above Defendant paid KRW 100,000 to B, and the Plaintiff expressed his intent to return the lease deposit directly to the above Defendant in subrogation of B, and thus, Defendant C received the above simultaneous performance objection.
B. Defendant C, G, and I asserts that the Plaintiff cannot comply with the Plaintiff’s claim unless the payment of compensation for losses is prior to or simultaneously performed, since they are obligated to pay compensation for losses pursuant to Article 42-5 of the Seoul Metropolitan Government Ordinance on the Maintenance of Urban and Residential Environments.
In the Urban Improvement Act, the re-building project implementer should preserve the premium for commercial buildings directly to the tenant.
There is no explicit basis to regard that there is an obligation to establish housing and relocation measures through compensation, ② Urban Rearrangement Act differs in terms of the public nature and the degree of public interest by the type of rearrangement project. Housing reconstruction project is relatively weak compared to housing redevelopment project, ③ Land Expropriation compensation in housing redevelopment project is based on the officially announced value at the time of expropriation excluding development gains.