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(영문) 서울서부지방법원 2017.02.09 2016가단228294
건물명도
Text

1. The defendant shall receive KRW 10,000,000 from the plaintiff and at the same time real estate stated in the attached Table from the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing reconstruction and consolidation project association whose project implementation district covers the Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government Group C.

The head of Mapo-gu Seoul Metropolitan Government approved the management and disposition plan of the plaintiff on June 3, 2016 and announced it on June 9, 2016.

B. The Defendant paid KRW 10,000,000 to the lessor as the lessee who leased the instant real estate in the said project implementation district in KRW 10,000,000, monthly rent of KRW 1,100,000, and up to now, paid KRW 10,000 as the lease deposit to the lessor.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendant, a lessee of the instant real estate located within the Plaintiff’s project implementation district, has a duty to deliver the instant real estate to the Plaintiff pursuant to Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement

3. Judgment on the defendant's assertion

A. The defendant asserts that he cannot respond to the plaintiff's claim until he receives a refund of KRW 10,00,000,000. Thus, it is reasonable to view that the obligation to return the lease deposit of the real estate of this case that the plaintiff, who is the project implementer, bears to the defendant, who is the tenant pursuant to Article 44 (1) and (2) of the Urban Improvement Act, and the obligation to deliver the real estate of this case to the plaintiff of this case is based on the same legal relationship, such as the implementation of the housing reconstruction rearrangement project and the termination of the lease agreement

The defendant's above assertion is with merit.

B. Furthermore, the Defendant is paid KRW 12,00,000 for premium paid to the former lessee in order to operate the instant real estate as a wing place and KRW 20,000 for installing the facilities necessary for the operation of a wing factory (boiler, foundation board, electric facilities, lighting facilities, etc.).

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