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(영문) 서울서부지방법원 2018.10.31 2018가합31194

건물명도(인도)

Text

1. The Defendants shall deliver each of the pertinent real estate listed in the separate sheet to the Plaintiff.

2. The costs of lawsuit are assessed against the Defendants.

Reasons

Facts of recognition

The relevant Plaintiff is an association established on June 9, 2003 pursuant to the former Urban Redevelopment Act (repealed by Act No. 6852, Dec. 30, 2002) and is promoting a market improvement project with the project implementation authorization on December 24, 2010 by the head of Seodaemun-gu Seoul Metropolitan Government with the project implementation authorization on May 19, 2017 after obtaining the project implementation authorization on May 19, 2017 (hereinafter “instant improvement project”).

Defendant B and C are the owners of each real estate in the rearrangement zone of this case as indicated in paragraph (1) of the attached list in the improvement zone of this case, and Defendant B and C are the members applying for parcelling-out around June 12, 2017.

Defendant D, as the owner of the real estate listed in the attached list No. 2 in the instant improvement zone, was an association member who filed an application for parcelling-out around June 21, 2017. However, Defendant D sold the said real estate to F and G and completed the registration of ownership transfer on March 21, 2018, but thereafter occupied the said real estate.

On December 28, 2017, the Plaintiff obtained the approval of the management and disposal plan from the head of Seodaemun-gu Seoul Metropolitan Government, and the head of Seodaemun-gu Seoul Metropolitan Government publicly notified the management and disposal plan on December 29, 2017.

[Ground for recognition] Defendant B and C: The main text of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions (amended by Act No. 14567, Feb. 8, 2017 and enforced from February 9, 2018) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions (amended by Act No. 14567, Feb. 8, 2017) is applicable to the confessions (Article 150(3) and (1) of the Civil Procedure Act). However, the above notice is deemed to have been made under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions, since there is no dispute, each entry in the evidence No. 1 through 9, 11, 34, and 36, and the ground for the overall purport of the arguments.