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(영문) 대전지방법원서산지원 2015.03.20 2014가단51505

건물명도

Text

1. The Plaintiff:

A. Defendant B shall draw up the annexed drawings among the one real estate listed in the annexed real estate list.

1. 표시 ㉡, ㉢, ㉣, ㉤,...

Reasons

1. Facts of recognition;

A. The Plaintiff is a cooperative established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents to implement a housing redevelopment improvement project for Seosan-si E, and was authorized to establish the association on May 23, 2008 from Seosan-si, the authorization to implement the project on December 26, 2012, the authorization to implement the project on the management and disposal plan on December 27, 2013, and the Seosan-si announced the above management and disposal plan on December 27, 2013.

B. Defendant B is the lessee, Defendant C, and Defendant D occupy each of the above real estate stated in the claim 1. A (hereinafter “real estate 1”) in the Plaintiff’s business area as the lessee of the real estate stated in the claim 1. B of the Plaintiff’s business area (hereinafter “second real estate”) and the right to lease the real estate stated in the claim 1. B of the Plaintiff’s business area.

C. On November 17, 2014, the Chungcheongnam-do Regional Land Tribunal rendered a ruling of expropriation on the commencement date of expropriation on December 16, 2014, with regard to real estate Nos. 1 and 2 on November 17, 2014. On December 11, 2014, the Plaintiff deposited each expropriation compensation to Defendant C, etc., who is the former owner of the first real estate, G, H, and the former owner of the second real estate.

The Plaintiff completed the registration of ownership transfer based on expropriation on December 16, 2014 with respect to the real estate Nos. 1 and 2 on December 23, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 12, purport of the whole pleadings

2. Determination

(a) Defendant B: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

B. According to the facts of recognition as above, the Plaintiff acquired ownership of the first and second real estate according to the acceptance procedure, and the Defendants are obligated to deliver each of the above real estate to the Plaintiff.

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.