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(영문) 인천지방법원 2018.10.11 2018가단215076

건물명도(인도)

Text

1. The Plaintiff:

A. Defendant B: the real estate listed in Section 1 of [Attachment];

B. Defendant C shall set out in attached list 2.

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment and rearrangement project association established for the purpose of implementing a housing redevelopment project (hereinafter “instant rearrangement project”) with the area of 90,438 square meters in Nam-gu, Incheon Metropolitan City as the business area.

B. On January 23, 2017, the Plaintiff obtained authorization of the management and disposal plan for the instant improvement project from the head of the Nam-gu Incheon Metropolitan City, and the head of the Nam-gu Incheon Metropolitan City publicly announced it on

C. The Defendants, a member of the Plaintiff, own each of the real estate listed in the separate sheet located in the project zone of the instant rearrangement project as stated in paragraph (1) of this Article, and possess each of the real estate listed in the current separate sheet.

[Reasons for Recognition] Defendant C: A without dispute, each entry of Gap evidence Nos. 1 through 5, the purport of the whole pleadings, and the remainder of the purport of the entire pleadings: deemed as confession

2. The main text of Article 49(6) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “Urban Improvement Act”) provides that “When the authorization of a management and disposal plan is publicly announced, the holder of a right, such as the owner of the previous land or building, superficies, leaseer, etc., shall not use or profit from the previous land or building until the date of public announcement of relocation under Article 54.” The fact that the Mayor of Incheon Metropolitan City has publicly announced the authorization of a management and disposal plan concerning the instant rearrangement project on January 23, 2017 is as seen earlier.

Therefore, the Defendants, the owners of each real estate listed in the separate sheet in the project zone of the instant rearrangement project, are obligated to deliver each part of the real estate in the separate sheet to the Plaintiff who acquired the right to use and benefit from the real estate as the implementer of the

3. Determination as to Defendant C’s assertion

A. The defendant C asserts that the lawsuit of this case against himself constitutes a duplicate lawsuit, but it is argued that it constitutes a duplicate lawsuit.