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1. The defendant shall deliver to the plaintiff each building listed in the separate sheet.
2. The costs of the lawsuit are assessed against the defendant.
3...
Reasons
1. Facts of recognition;
A. The Plaintiff was entrusted with the ownership of 3/4 shares of each of the instant buildings among each of the instant buildings by C, etc., the equity right holders of each building listed in the separate sheet (hereinafter “each of the instant buildings”) as a corporation established to promote A’s rearrangement project located within the Guri-si Urban Renewal Promotion Zone.
B. The Defendant, along with Nonparty D, was operating “E” in each of the instant buildings, owned machinery or facilities installed for viewing place business in each of the instant buildings along with the aforementioned D, etc., and occupied each of the instant buildings.
【Ground of recognition】 The fact that there has been no dispute, each entry and video of evidence Nos. 1, 2, and 5, and the purport of the whole pleading
2. According to the facts established above, the plaintiff is entitled to seek delivery of each of the buildings of this case against the defendant, the possessor, as a trustee of the 3/4 shares of each of the buildings of this case. Thus, barring any special circumstance, the defendant is obligated to deliver each of the buildings of this case to the plaintiff.
As to this, the defendant is "project operator" under Article 2 subparagraph 3 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor, and the defendant falls under "related persons" under Article 2 subparagraph 5 of the above Act, and is obligated to compensate the defendant for the loss of the above bowling site facilities and business pursuant to Articles 61 through 63, 67, 68, 75, and 77 of the above Act. Thus, the defendant asserts that the plaintiff cannot comply with the plaintiff's claim until he is paid the above compensation.
However, even if the Plaintiff bears the obligation to compensate for losses against the Defendant, the above obligation of the Plaintiff and the Defendant’s name of the above building also constitute a simultaneous performance relationship, unless there is any assertion or proof as to the circumstances that deem the obligation to compensate for losses and the Defendant’s name of the building, the above circumstance alone is immediately attributable to the Defendant.