건물명도
1. The plaintiff's lawsuit against the defendant C shall be dismissed.
2. Defendant B Co., Ltd. shall set forth in attached Table 1.
1. Facts of recognition;
A. On September 4, 2008, the Plaintiff is a reconstruction improvement project association approved by the head of Jung-gu Seoul Metropolitan Government on September 4, 2008 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).
On June 21, 2013, the Plaintiff received the authorization for project implementation on June 21, 2013, and the authorization for the management and disposal plan on January 22, 2015, and the head of Seoul Central Government on the same day.
B. Each real estate listed in the separate list of real estate is located within the said project implementation district, and the Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) occupies each of the real estate listed in the separate list of real estate in the separate sheet No. 1, 2, 5, 6, and 1, the part “A” in the separate sheet No. 42.44 square meters (hereinafter “instant real estate”) connected in order to each of the real estate listed in the separate sheet No. 2, the separate sheet No. 1, 2, 3, 4, and 1 among the real estate listed in the separate sheet No. 2, the Defendant C occupies the portion “A” in the separate sheet No. 70.50 square meters (hereinafter “instant two real estate”).
[Ground of recognition] Facts without dispute, entry of Gap 1 to 7 evidence, purport of the whole pleadings
2. Where the claimant party to the lawsuit against the defendant C and the same subject matter of lawsuit are brought with different time, the lawsuit brought later at time violates the principle prohibiting double lawsuit, and is unlawful;
(Article 259 of the Civil Procedure Act). On September 25, 2015, the Plaintiff filed a lawsuit against the Defendant C, etc. on the basis of Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions (hereinafter “Defendant C”), and on June 3, 2016, the Plaintiff was sentenced to the judgment that “The payment of KRW 20 million is made by the Plaintiff, and at the same time, the delivery of the instant 2 real estate is made by the Plaintiff.” The Defendant C appealed appealed against the said judgment as the court 2016Na34906 and currently pending in the appellate trial is significant in this court.
Therefore, the plaintiff's lawsuit against the defendant C has already been pending in this court and the parties.