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(영문) 인천지방법원 2019.03.06 2018가단263808
건물명도(인도)
Text

1. The defendant shall deliver each real estate listed in the attached real estate list to the plaintiff.

2. The costs of lawsuit shall be individually counted.

Reasons

In full view of the purport of the entire pleadings as to the plaintiff's claim, Gap evidence Nos. 1 through 13 (including evidence with a serial number), it can be recognized as the same facts as the reasons for the claim in the attached Form.

According to the above facts of recognition, the plaintiff may file a claim for the delivery against the defendant who possesses each real estate listed in the annexed real estate list, except in extenuating circumstances.

Whether there are such special circumstances, the legitimacy of the defendant's defense is examined below.

The defendant's defense is a defense that the defendant is entitled to refuse the delivery of the settlement money, the cost of moving a house, and the cost of moving movable property until the completion of the compensation.

The plaintiff does not clearly dispute this issue, and the settlement money, the settlement money, the cost of moving a house, and the cost of transferring movable property constitute compensation for losses under the Public Works Act as referred to in Article 81 (1) (proviso) 2 of the Act on the Maintenance of Urban Areas and Dwelling Conditions for Residents, and the defense that the delivery of movable property is in essence a prior performance defense, and the defense that the delivery is refused until it is paid is not prohibited from exercising the right of defense in civil procedure is referred to in the Incheon District Court Decision 2018Gadan225660 Decided October 31, 2018. Re-

According to the evidence evidence No. 13, the Plaintiff paid the Defendant KRW 12,00,00,00 for settlement money, KRW 8,724,850 for the relocation of a house, and KRW 1,90,00 for the relocation of a movable property on January 28, 2019, with the agreement of the Plaintiff, thereby completing such compensation for loss.

The plaintiff's second defense is reasonable, and the defendant's defense is not accepted.

Thus, the defendant is obligated to deliver each real estate listed in the attached real estate list to the plaintiff.

The plaintiff's claim is accepted and the decision is rendered in favor of the plaintiff.

Even if the plaintiff puts a lawsuit on November 22, 2018, the data on the payment of compensation for losses was made on February 11, 2019 immediately before the closing of argument.

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