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(영문) 서울서부지방법원 2017.11.29 2017가단10490

건물명도(인도)

Text

1. The Plaintiff:

A. Defendant B indicated in the attached Table 5, as indicated in the attached Form 1 drawings, 1, 2, 3, 4, 5, 6, 7.

Reasons

1. Determination as to claims against Defendant B and C

A. Indication of Claim: The plaintiff is the developer of the Eunpyeong-gu Seoul E-W redevelopment project, and the defendant B is the owner of the real estate redevelopment project in attached Form 5, and the part (A) part (26 square meters in the ship connected each point of the attached Form 1, 2, 3, 4, 5, 6, 7, 8, and 1 among the real estate branch floors listed in attached Table 5, and the defendant C is the owner of the attached Form 5, and the part (A) in the attached Form 2, 2, 8, 9, and 26 square meters connected each point of the attached Form 1, 2, 8, 9, and 1 among the real estate first floor listed in attached Table 5, and the head of Eunpyeong-gu has authorized and announced the plaintiff's management and disposal plan on March 2, 2017. The above defendants lost their right to use and benefit from each of the above parts, and thus, the above defendants are obligated to deliver each part to the plaintiff.

(b) Applicable provisions of Acts: Article 208 (3) 3 of the Civil Procedure Act;

2. Determination as to the claim against Defendant D

A. (1) The Plaintiff is a housing redevelopment and rearrangement project association whose project implementation district covers the Eunpyeong-gu Seoul Metropolitan E Group. The head of Eunpyeong-gu approving the management and disposal plan on March 2, 2017 on the housing redevelopment and rearrangement project implemented by the Plaintiff, and publicly notifying the plan.

(2) The real estate listed in the attached Table 5, which Defendant D shares one half of each of the non-party F with the non-party F, is located in the project implementation district.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Gap evidence No. 5-5, purport of the whole pleadings

B. (1) The right holder of the previous land or structure shall lose the right to use or benefit from the previous land or structure in accordance with the management and disposal plan when the management and disposal plan of the housing redevelopment project developer is approved and announced, and the project developer shall remove the existing structure or acquire the right to dispose of or use it by other methods for the implementation of the rearrangement project.