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서울동부지방법원 2016.08.26 2016가합100674
건물인도
Text

1. The Defendant (Counterclaim Plaintiff) shall deliver to the Plaintiff (Counterclaim Defendant) the real estate indicated in the separate sheet.

2...

Reasons

1. Determination on the main claim

A. In full view of the overall purport of statements and arguments by Gap's evidence Nos. 1 through 4 and 7 through 11 (including each number; hereinafter the same shall apply) as to the cause of the claim, the plaintiff is acknowledged as a housing reconstruction and improvement project partnership under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and the plaintiff has commenced the relocation procedure after receiving each approval for the establishment of a maintenance and improvement project partnership on February 19, 201, the authorization for the establishment of a maintenance and improvement project partnership on July 25, 2012, the authorization for the implementation of the project on November 12, 2015, and the approval for the disposal and disposal plan on November 12, 2015, the plaintiff set the period of resettlement from November 16, 2015 to May 15, 2016. Article 36 (4) of the plaintiff's articles of association of the association provides that "members shall leave the relevant building within the relocation period determined and notified by the

According to the above facts of recognition, the defendant is obligated to deliver to the plaintiff the real estate stated in the attached list, except in extenuating circumstances.

B. The defendant's argument regarding the defendant's assertion that since the plaintiff committed many illegal acts in the operation of the association, the defendant does not have the duty to deliver the building to the plaintiff. However, it is difficult to view that the defendant does not have the duty to allow the plaintiff to deliver the building to the plaintiff. Thus, the above argument by the

C. Accordingly, the Defendant is obligated to deliver to the Plaintiff the real estate stated in the separate sheet.

2. The defendant's judgment on the counterclaim shall claim against the plaintiff for payment of KRW 750,00,000 and damages for delay, and purchase of real estate listed in the separate sheet owned by the defendant.

The defendant may request the plaintiff to purchase the real estate stated in the separate sheet only with the evidence submitted by the defendant.

As a result, it is recognized that a claim for the purchase price of the said real estate can be made.

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