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(영문) 서울북부지방법원 2019.01.17 2018가단8955

건물인도

Text

1. The Plaintiff:

(a) Defendant B and C are all the two floors of the real estate listed in the separate sheet No. 2;

B. Defendant D shall be in annexed Form.

Reasons

1. Determination as to claims against Defendant B, C, and E

A. The plaintiff is a housing redevelopment and consolidation project association whose business area covers Seongbuk-gu Seoul Metropolitan G in accordance with the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and each real estate described in paragraph (1) of the order is located within the above business area

(2) The head of Seongbuk-gu Seoul Metropolitan Government publicly notified the Plaintiff’s authorization to implement the project on July 4, 2013, and authorized and publicly notified a management and disposal plan on July 27, 2017. The Defendants, as owners or lessees, occupy each real estate subject to delivery as stated in paragraph (1) of the Disposition.

(b) Defendant B and C: Article 208(3)3 of the Civil Procedure Act (decision by public notice): Article 208(3)2 of the Civil Procedure Act (decision by public notice)

2. Comprehensively taking account of the overall purport of the pleadings as to the claims against Defendant D and F, the Plaintiff is a housing redevelopment and rearrangement project association whose business area covers Seongbuk-gu Seoul Metropolitan G party under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents. Each real estate specified in paragraph (1) of this Article is located in the above business area, the head of Seongbuk-gu Seoul Metropolitan Government publicly notified the Plaintiff on July 4, 2013, and approved and publicly notified the management and disposal plan on July 27, 2017, and the Defendants are deemed to possess each real estate subject to delivery specified in Paragraph (1) as the owner or lessee, and according to the above facts of recognition, the Defendants are obligated to deliver each real estate specified in Paragraph (1) of this Article to the Plaintiff.

3. Thus, the plaintiff's claim against the defendants is justified.