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(영문) 의정부지방법원 2017.10.13 2017가단6443

건물명도

Text

1. The Plaintiff:

(a) Defendant B delivers three floors of the real estate listed in the separate sheet No. 6;

B. Defendant C is attached Form 7.

Reasons

Basic Facts

A. On January 31, 2011, the Plaintiff is a housing redevelopment project partnership that has obtained authorization to establish an association from the Gu government market pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of promoting a housing redevelopment project with respect to F 132,521.4 square meters in Gu Government-si.

(F) The above area was changed to 132,479.8 square meters after the above approval was granted.

With respect to the housing redevelopment project, the Plaintiff received the authorization to implement the project on March 31, 2015 from the Gu government market, and the authorization to implement the project on November 4, 2016 respectively.

C. On November 4, 2016, the Gu government market published the approval plan for the management and disposal in the G Official Gazette at the time of the government.

Defendant B occupies three floors among the real estate listed in the attached Table 6 list located within the above housing redevelopment project zone. Defendant C occupies part (A) of the attached Table 1 through 4 and 1 among the real estate listed in the attached Table 7 list located within the above housing redevelopment project zone. Defendant D occupies three floors among the real estate listed in the attached Table 8 list located within the above housing redevelopment project zone, and Defendant E occupies the real estate listed in the attached Table 15 list located within the above housing redevelopment project zone.

【Defendant B, C: Defendant D’s judgment based on a confession by public notice: The fact that there is no dispute, Gap 1 through 4, 5-15, and the purport of the entire pleadings

2. When the approval of the management and disposal plan is publicly announced in the housing redevelopment project with respect to the cause of the claim, the owner, superficies, leaseer, etc. of the previous land or structure may not use or profit from the previous land or structure, while the project implementer shall acquire the right to use or profit from the previous land or structure within the housing redevelopment project zone even in order to remove the existing structure.