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(영문) 수원지방법원성남지원 2019.11.29 2018가단241310

건물명도(인도)

Text

1. The Plaintiff:

(a) Defendant B delivers 2 floors of the real estate listed in the separate sheet;

B. Defendant C shall list attached hereto.

Reasons

1. Facts of recognition;

A. The Plaintiff is a project implementer of A Housing Redevelopment Improvement Project (hereinafter “instant Improvement Project”) that performs redevelopment of D Day under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.

B. On July 30, 2018, the Plaintiff was authorized to execute the instant management and disposal plan for the instant rearrangement project by the subordinate market, and the subordinate market publicly notified the plan (E) around that time.

C. Defendant B leased and used two floors among the real estate listed in the separate sheet in the instant improvement project zone, and Defendant C, among the first floor of the real estate listed in the separate sheet, each of the points listed in the separate sheet No. 5, 6, 7, 8, and 5, connected to each point in the separate sheet No. 48.384 square meters.

[Reasons for Recognition] Defendant B: The absence of dispute, entry of Gap evidence 1 through 5, the purport of the whole pleadings, and defendant C: Articles 208(3)2 and 150(3) of the Civil Procedure Act

2. Determination

A. Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents provides that "Any right holder, such as the owner, superficies, leaseer, etc. of the previous land or building, shall not use or benefit from the previous land or building until the date of the public announcement of the approval of the management and disposal plan under Article 78(4)." Thus, the Defendants shall not use or benefit from the previous land or building until the date of the public announcement of the transfer under Article 86." Thus, according to the public announcement (e) of the subordinate market as seen earlier, the Defendants shall not use or benefit from each part of

Therefore, Defendant B is obligated to deliver to the Plaintiff the second floor of the real estate indicated in the attached list, and Defendant C is obligated to deliver each part of (B) part of the ship connected each point of 5,6,7,8, and 5 of the attached list among the first floor of the real estate listed in the attached list.

B. Defendant B asserts that the judgment on Defendant B’s assertion is not possible to comply with India due to the lack of director fees presented by the Plaintiff.

In this regard, the above argument.