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(영문) 서울동부지방법원 2015.10.14 2015가단1742

건물명도

Text

1. The Plaintiff:

A. The Foundation for the Maintenance of Honorary Kychosium (Jointly Limited) for the defendant Incorporated Foundation shall be listed in the attached Table 1.

Reasons

1. Basic facts

A. The Plaintiff is a cooperative established to implement a housing reconstruction project in Gwangjin-gu Seoul Special Metropolitan City (designated as a rearrangement zone on July 3, 2008) pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the “Urban Improvement Act”). On February 24, 2009, the Plaintiff was authorized to establish an association from the head of Gwangjin-gu Seoul Special Metropolitan City Office on August 1, 201, and was authorized by the head of the Gu.

B. On May 8, 2014, the head of Gwangjin-gu Seoul Special Metropolitan City approving the management and disposal plan formulated by the Plaintiff for the said housing reconstruction project, and publicly notified the details thereof on May 15, 2014.

C. Each building listed in the separate sheet Nos. 1 through 3 is located within the housing reconstruction project implementation zone based on the above management and disposal plan, and as to the e.g., the e., the e., the e.g., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e.,

【Defendant 3: Voluntary Confession (Article 150(3) of the Civil Procedure Act) Defendant 1 and 2: The fact that there is no dispute, entry of evidence No. 1, and the purport of the whole pleadings

2. Determination on Defendant 1’s main defense

A. Defendant 1, on February 27, 2014, before the Plaintiff and Defendant 1’s approval of the above management and disposition plan, agreed not to file a lawsuit regarding the transfer of church following the Plaintiff’s housing reconstruction project, construction, and other overall compensation. Thus, Defendant 1 asserted that the instant lawsuit is an unlawful lawsuit contrary to the above mediation plan.

B. According to the evidence evidence Nos. 1, the plaintiff and defendant 1, within the said housing reconstruction project execution zone on February 27, 2014, "1. The church sites newly created by the defendant 1 are three (F) places on the partnership's land use plan, and the size is as follows.