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(영문) 서울서부지방법원 2016.11.24 2016가단209187
건물명도
Text

1. The defendant shall deliver to the plaintiff the real estate listed in the attached Table 2 attached hereto.

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

3...

Reasons

1. The facts of recognition are: (a) the Plaintiff is a housing redevelopment and rearrangement project association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents for the implementation of a housing redevelopment project for the Plaintiff’s implementation of a housing redevelopment project for Seodaemun-gu Seoul District as a project implementation district; (b) the head of Seodaemun-gu Seoul Metropolitan Government approves the Plaintiff’s project implementation on December 30, 201; and (c) on September 1, 2015; and (d) publicly notified the management and disposal plan on September 9, 2015; and (c) the fact that the Plaintiff occupied the said real estate as a lessee of the real estate listed in the attached Table 2 located within the said rearrangement project district

2. According to the above facts of recognition, the defendant is obligated to deliver the real estate of this case to the plaintiff who acquired the right to use and benefit from the real estate of this case pursuant to Article 49 (6) of the Act on the Maintenance and Improvement of

In this regard, the defendant asserts that he cannot respond to the plaintiff's claim until the owner of the instant real estate completes the compensation for loss.

However, the reason alleged by the defendant is merely a reason for the lessor's defense, and the lessee cannot refuse to deliver the building for that reason (In addition, considering the overall purport of the pleadings as a whole, D, the owner of the real estate of this case, can be recognized as the fact that he applied for parcelling-out within the period of application for parcelling-out, and the above argument by the defendant is not subject to compensation for losses).

3. The plaintiff's claim for the conclusion is justified, and this is accepted.

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