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(영문) 의정부지방법원 2017.06.28 2016가합50280

건물명도

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1. Of the real estate listed in the attached list, the Defendant indicated in the attached list 1, 2, 3, 4, 5, 6, 7, and 8.

Reasons

1. Facts of recognition;

A. Under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Plaintiff is a housing redevelopment project partnership whose project implementation was authorized by the Gu Ri mayor on August 10, 2007 for a housing redevelopment improvement project on the scale of 33,739 square meters in Guri-si (hereinafter “instant rearrangement project”). After completing the establishment registration on August 30, 2007, the Plaintiff is a housing redevelopment project partnership whose project implementation was authorized by the Gu Ri mayor on February 11, 2008.

B. The Defendant occupies a building indicated in the attached list located within the project implementation zone of the instant case (hereinafter “instant building”).

C. The Plaintiff was authorized on November 3, 2015, pursuant to Articles 48 and 49(2) of the Urban Improvement Act (hereinafter “instant management and disposition plan”); and the Gu Ri Mayor publicly notified the management and disposition plan on the same day pursuant to Article 49(3) of the Urban Improvement Act.

(Gui-si Notice No. 2015-128). 【No ground for recognition】 The fact that there is no dispute, Gap’s evidence No. 1 through 3, and Gap’s evidence No. 6, the purport of the whole pleadings.

2. Judgment on the main defense of this case

A. The defendant's assertion that the lawsuit should be dismissed in relation to the lawsuit in this case is pending in the lawsuit to confirm the invalidity of the resolution of the general assembly and the lawsuit to cancel the management and disposal plan as related to the lawsuit in this case, and the objection against the land expropriation ruling is currently being examined by the Central Land Expropriation Committee. In each of the above cases, the defendant's objection against the land expropriation ruling should be dismissed as it has no interest in the lawsuit in this case after the winning of the lawsuit in each of the above cases.

B. 1) The Defendant has already sought against the Defendant the delivery of the instant building (this court 2016Na57681).