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(영문) 부산지방법원 2018. 3. 6. 선고 2017가단331053 판결
건물명도(인도)
Cases

2017Gaz. 331053 Building Name Map (Delivery)

Plaintiff

A Regional Housing Association

Defendant

B

Conclusion of Pleadings

Pleadings without Oral Proceedings

Imposition of Judgment

March 6, 2018

Text

1. The defendant shall be the plaintiff.

A. At the same time, the Plaintiff received KRW 10,000,000 from the Plaintiff, and at the same time, deliver all of the real estate listed in the separate sheet to the Plaintiff;

B. From June 1, 2017 to the completion date of delivery of the real estate set forth in paragraph (a) above, the amount of money calculated at the rate of KRW 400,000 per month shall be paid.

2. The costs of the lawsuit are assessed against the defendant.

3. Paragraph 1 can be provisionally executed.

Purport of claim

The same shall apply to the order.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

Judges

Judge Lee Dong-dong

Site of separate sheet

A person shall be appointed.

Cheongwon of the Gu

1. Status of the parties

(1) On July 22, 2016, pursuant to Article 11(1) and (2) of the Housing Act, the Plaintiff Union has obtained authorization for the establishment of a housing association from the head of the Dong-gu Busan Metropolitan City (Evidence A1-1-2) by securing at least 80% of the housing construction site.

After that, on December 29, 2016, the Plaintiff Union obtained a revised authorization for the addition of its members, and the number of its members is 486.

The Plaintiff Union acquired the ownership of a site equivalent to at least 95% of the current housing construction site and completed the registration of transfer, and completed the application for approval of the project plan to the head of the Busan Metropolitan City Dong-gu Busan Metropolitan City on June 15, 2017, and it is anticipated that the approval of the project plan will be made on November 1, 2017.

(2) The Defendant is the lessee who has leased all the first floor of the building indicated in the separate sheet included in the instant housing construction site.

2. Part concerning the sale, etc. of the real estate of this case

(1) On March 31, 2017, the Plaintiff entered into a sales contract with the owner D to purchase the land located in the project site, Busan East-gu, Busan Metropolitan City, 211 square meters, and the three-story building on the ground of this land, and sold and purchased the land.

After paying the price, I complete the registration of ownership transfer on May 25, 2017.

(2) On October 17, 2016, the Defendant and the above D determined the whole first floor of the building above as deposit of KRW 10 million in monthly rent of KRW 400,000,000, and entered into a lease agreement with the term of lease until October 22, 2018, and the Defendant is operating a music private teaching institute at this point from October 23, 2016 to the present day.

On the other hand, the defendant entered into a special contract with the above D that "if the land is to be removed due to redevelopment of the goods, the lessee shall leave without any condition even during the lease period."

(3) The Plaintiff, including the Defendant, visited the partnership office several times to the residents of the building located in the instant site, including the Defendant, in order to consult with the schedule of relocation, and sent the same content to the Defendant three times.

(4) On the other hand, the defendant continues to pay 400,000 won of monthly rent from June 1, 2017.

3. Conclusion

Nevertheless, since the defendant does not comply with the plaintiff's relocation agreement at all, it inevitably leads to the plaintiff's claim for the name of the building.

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