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(영문) 인천지방법원 2018.12.05 2018가단238451

건물명도(인도)

Text

1. The Plaintiff:

(a) the Selection E shall have the real property listed in the Appendix 1 list:

B. Defendant (Appointed Party) B shall be as shown in attached Form 2.

Reasons

1. Determination as to the claim against Defendant C and D

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Applicable provisions of Acts: Article 208 (3) 2 of the Civil Procedure Act, the main sentence of Article 150 (3) and paragraph (1) of the same Article of the same Act;

2. Determination as to claims filed against Defendant (Appointed Party) B and Appointed E

A. 1) The Plaintiff is the business area of this case, which is 76,157.3m2 (hereinafter “instant business area”) in Bupyeong-gu Incheon, Bupyeong-gu.

The purpose of housing redevelopment improvement project is to obtain authorization for the establishment of a partnership on March 14, 2012. On November 22, 2016, the head of Bupyeong-gu Incheon Metropolitan City Bupyeong-gu has obtained approval for the establishment of a housing redevelopment project from the head of Bupyeong-gu, Incheon Metropolitan City, and the management and disposal plan for the housing redevelopment project was publicly notified. 2) The Selection E is the owner of the real estate listed in the attached Table 1 (hereinafter “real estate 1”) located within the project area, and is a person subject to cash liquidation who has not filed an application for

3) Defendant (Appointed Party; hereinafter “Defendant”)

2) The Plaintiff’s title 1 of the instant title 1 of the instant title 2 (“instant title 2”) is the mother of the Appointor E.

) The possession and use of the evidence is taking place [The facts without dispute over the grounds for recognition, Gap evidence 2-1, Gap evidence 3, Gap evidence 4-1, Gap evidence 6, 7, and the purport of the whole pleadings.

B. According to the main sentence of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, when a management and disposal plan is authorized and publicly announced, a right holder, such as the owner of the previous land or structure, shall not use or profit from the previous land or structure until the date of the public announcement of transfer under Article 86 of the same Act, and the project implementer shall be

When the management and disposal plans prescribed in the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents are authorized and announced, the use and profit of the rights holders, such as owners, superficies, leasers, etc.