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(영문) 대구지방법원김천지원 2019.10.23 2019가단31777

건물명도(인도)

Text

1. The plaintiff, Ga.

Defendant B delivers, and B, the first real estate listed in the attached Table 1 list.

Defendant C and D shall list attached Table 1.

Reasons

1. Facts of recognition;

A. The Plaintiff is the Housing Redevelopment and Improvement Project Association established with the area of project implementation of 59,162 square meters which is located in the area of project according to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

B. Defendant B is the owner and possessor of the first real estate listed in the separate sheet No. 1. Defendant C is the owner and possessor of the second real estate listed in the separate sheet No. 1. Defendant D is the possessor and possessor of the second real estate listed in the separate sheet No. 2 listed in the separate sheet No. 1. Defendant E is the possessor and Defendant F andG are the possessor of the seventh real estate listed in the separate sheet No. 1.10 listed in the separate sheet No.

C. On August 13, 2015, the old U.S. Mayor publicly announced the authorization for the implementation of the project on housing redevelopment on August 19, 2015, and the authorization for the implementation of the management and disposal plan on May 17, 2018 (hereinafter “the instant management and disposal plan”), and publicly announced it on May 23, 2018.

On June 3, 2019, the Plaintiff deposited KRW 7,785,348 in the Daegu District Court Decision 2019 (Seoul District Court Decision 201Hun-Ga400) with Defendant F as the principal deposit, and deposited KRW 4,216,604 in addition to Defendant F as the principal deposit on July 19, 2019.

[Reasons for Recognition]

(a) Claim against Defendant B, C, D, and E: Confession (Article 208(3)2 of the Civil Procedure Act);

(b) Claim against Defendant F and G: The non-contentious facts, Gap evidence 1-1, 2, 3, 2-1, 2-2, 3-1, 3-2, 4-1, 2, 7, 10, 5-1, 6-2, 7, 10, 12-12, and the purport of the whole pleadings;

2. According to the main sentence of Article 81(1) of the Act on the Determination of Grounds for Claim, a right holder, such as the owner, superficies, leasee, etc. of the previous land or building may not use or benefit from the previous land or building until the date of public announcement of transfer under Article 86 of the same Act, when the approval of the management and disposal plan is publicly notified.