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(영문) 서울서부지방법원 2017.01.13 2016가단229754
건물명도
Text

1. The defendant shall receive KRW 8,000,000 from the plaintiff and at the same time real estate stated in the attached Table to the plaintiff.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap 1 through 5 and Eul 2, it is recognized that the plaintiff is a housing reconstruction and improvement project association whose project district covers Mapo-gu Seoul Metropolitan Government Seoul Mapo District; the head of Mapo-gu Seoul Metropolitan Government approving the management and disposal plan on June 3, 2016 regarding the housing reconstruction project implemented by the plaintiff; and publicly notified on June 9, 2016; and the defendant leased and occupied the buildings listed in the attached list in the said project district from D to KRW 8,00,000, monthly rent of KRW 770,000.

Comprehensively taking account of the above facts, pursuant to Articles 48-2(1), 49(6), and 44(1) and (2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the defendant is obligated to deliver the building listed in the attached list to the plaintiff at the same time as he receives a deposit deposit from the plaintiff.

Although the Defendant asserts that premium 15,00,000 won and the amount for directors’ and business loss compensation should be paid, the Defendant cannot claim the amount for directors’ and business loss compensation to the project implementer in the housing reconstruction project for which the expropriation and use under the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor is not premised, and there is no basis to claim the return of the premium, and the above argument

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