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(영문) 서울서부지방법원 2016.08.31 2016가단208658
건물인도
Text

1. The defendant gives each point to the plaintiff in the attached Form 1, 1, 2, 9, 12, and 1 among the real estate 1 floors listed in the attached Table 1 list.

Reasons

1. Facts of recognition;

(a) The head of Mapo-gu Office approves the plaintiff's management and disposal plan established for the urban environment rearrangement project on July 7, 2015;

7. 9. The notice was made.

B. The non-party citizens’ library corporation is the owner of the real estate indicated in the annexed sheet No. 1 located in the Plaintiff’s business site. The Defendant leased and possessed the portion (A) on the ship, which connects each point of the annexed sheet No. 1, 2, 9, 12, and 1 among the above real estate, from the above citizens’ library corporation.

[Evidence Evidence: Facts without dispute, Gap evidence Nos. 1 through 4, the purport of the whole pleadings]

2. According to the allegations by the parties and the above facts of recognition by this court, the plaintiff must remove the real estate listed in the annexed Table 1 located in the project site in accordance with the management and disposal plan authorized as a project implementer under Article 48-2 (1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and the defendant, as a right holder (Lessee) pursuant to Article 49 (6) of the same Act, is unable to use or profit from the leased part of the above real estate [the (a) part (a) in the ship connecting each point in attached Form 2, 2, 9, 12, and 1] and is obligated to legally deliver the right to use or profit as a project implementer

As to this, the defendant asserts that there is a dispute between the plaintiff and the national library corporation in a liquidation relationship, and that the plaintiff cannot respond to the plaintiff's claim on the ground that the administrative lawsuit filed for dissolution of the partnership is pending

According to the evidence Nos. 5 and 8, the plaintiff is acknowledged to have completed the compensation for the loss of the real estate listed in the annexed Table No. 1, and even if there is a dispute over the amount of the compensation for the loss, that alone does not constitute a ground for refusing the plaintiff's request for delivery.

In addition, the reason why an administrative litigation seeking dissolution of the Plaintiff Union has been filed is that the Defendant rejected the Plaintiff’s claim.

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