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(영문) 대구지방법원서부지원 2016.06.28 2015가단32046

건물철거 및 토지인도 등

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1. Defendant B shall leave the Plaintiff from each real estate listed in the separate sheet.

2. The plaintiff's defendant corporation.

Reasons

The plaintiff is an association established to implement an urban development project in accordance with the method of land substitution prescribed by the Urban Development Act at the Daegu Seo-gu D Institute.

On October 26, 2011, the Plaintiff obtained authorization for a land substitution plan from the head of Daegu Metropolitan City Month, and on October 31, 201, designated and announced the land substitution plan as of November 21, 201 as the effective date of the designation of the land substitution plan.

There is a factory building on the ground (b) (a) that connects each point of 15 through 22, and 15 of the annexed drawing among the land size of 707 square meters in Daegu Seo-gu, Daegu-gu, Incheon-gu, 707 square meters before the division, and there is a building not registered on the ground indicated in paragraph (3) of the attached Table over the land indicated in paragraph (4) of the attached Table, which connects each point of 19,7,8,26,20, and 19 of the above drawings.

However, only 231m2, including the (a) part of the above factory building and the said unregistered building site part, was classified into land which is liquidated without replotting by being included in the Plaintiff’s business area.

On March 27, 2015, the Defendant acquisition intervenor purchased the land, a ground factory building and unregistered building before subdivision from the Defendant Han Property Trust Co., Ltd., and completed the registration of ownership transfer concerning the land and factory building on April 24, 2015, during which the instant lawsuit was pending, and the land before subdivision was divided into the land listed in paragraph (1) of the attached Table attached to the Plaintiff’s business area (hereinafter “instant land”) and the E large 476 square meters excluded from the business area.

Accordingly, there is a building listed in paragraph (2) of the attached Table among the above factory buildings, and there is a building listed in paragraph (3) of the attached Table over part of the land of this case and the land listed in paragraph (4) of the attached Table.

Defendant B occupies each real estate listed in the separate sheet.

[Based on recognition] Defendant B: A. Defendant B’s assertion of confession (Article 150(3) and (1) of the Civil Procedure Act) is based on the fact that there is no dispute, Gap’s evidence Nos. 1 through 21, 23, 24, Eul’s evidence Nos. 1 and 2, and the ground for claim as a whole.