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(영문) 서울북부지방법원 2016.03.22 2015나3714

건물인도

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. According to the records on the legitimacy of the appeal for subsequent completion, since the documents of lawsuit, including a copy of the complaint of the court of first instance, and the original copy of the judgment, were served to the defendant by means of service by public notice, and the defendant was unaware of the fact that the lawsuit of this case and the judgment of the court of first instance were not known, it can be recognized that the appeal for subsequent completion of appeal of this case was filed within two weeks from the

2. Facts of recognition;

A. On June 25, 2009, the Plaintiff was a rearrangement project association that obtained authorization for the establishment of the association from the head of Seongbuk-gu Seoul Metropolitan Government Office on June 25, 2009 under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a housing redevelopment project for the Seongbuk-gu Seoul Metropolitan Government 104,979 square meters (hereinafter “instant project”).

In order to revise a project implementation plan on October 24, 201, which was approved on June 25, 201 for the establishment of a project implementation plan on December 28, 201 for the establishment of a project implementation plan on December 28, 201 for the approval of the establishment of a project implementation plan on December 23, 201, the general general meeting on November 7, 2013 for the change of a project implementation plan on October 24, 2013 for the approval of a project implementation plan on December 27, 2013 for the establishment of a project implementation plan on February 6, 2014 for the approval of a project implementation plan on April 24, 2014 (hereinafter “instant project implementation plan”), the public notice of the approval of a project implementation plan on April 24, 2014 (hereinafter “public notice of the head of Seongbuk-gu Seoul Metropolitan Government”).

B. The Defendant, as the owner of the building indicated in the attached list located within the project execution zone of this case (hereinafter “instant building”), occupies the instant building up to the present day.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Gap evidence 6-1, the purport of the whole pleadings

3. When a public notice of approval of a management and disposal plan prescribed in Article 49(3) of the Act on the Determination of Grounds for Claims is given, the previous land or land in accordance with paragraph (6) of the same Article.