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(영문) 부산지방법원 2017.10.19 2017가단6869
건물인도
Text

1. The defendant shall receive KRW 3,000,000 from the plaintiff and at the same time, at the building stated in the attached Table to the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a cooperative established to implement a housing redevelopment improvement project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Do Government Act”) in the area of 62,640.7 square meters (hereinafter “instant project area”).

B. On December 27, 2007, the Plaintiff obtained authorization to establish an association from the head of Yeongdeungpo-do, Busan Metropolitan City, and obtained authorization to implement the project on March 9, 201. Since then Busan Metropolitan City has partially revised and publicly announced the construction ratio of rental housing and housing scale for rearrangement projects, the Plaintiff also obtained authorization to amend the project implementation on January 13, 201.

C. On July 26, 2016, the Plaintiff received an approval of the management and disposal plan under Article 48(1) of the Do Government Act, and the said approval is the same year.

8.3. Public Notice was made. D.

The Defendant occupies the instant real estate as a lessee of the real estate indicated in the attached list (hereinafter “instant real estate”) located within the instant business area.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. According to the above facts of recognition as to the cause of the claim, pursuant to Article 49(6) of the Do Government Act, the plaintiff acquired the use of and the right to benefit from the building of this case according to the above management and disposal plan and the public notice, and the defendant lost its use and right to benefit. Thus, the defendant is obligated to deliver the real estate of this case to the plaintiff as requested by the plaintiff, but only the plaintiff

There is a duty to leave the building of this case.

3. Judgment on the defendant's assertion

A. The defendant's defense of simultaneous performance, which could not be removed from the real estate of this case, until the lease deposit was returned to 3,000,000 won. Thus, the fact that the defendant's deposit was 3,00,000 won is not a dispute between the parties, and the purpose of the establishment of the lease is to achieve due to the implementation of the improvement project.

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