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(영문) 인천지방법원부천지원 2019.03.20 2017가합102418
퇴거 청구
Text

1. In the real estate listed in the separate sheet Nos. 1, Defendant C is from the real estate listed in the separate sheet No. 2.

Reasons

1. Basic facts

A. According to the replotting method under the Urban Development Act, the Plaintiff is an association established for the purpose of implementing an urban development project of a district A (hereinafter “instant project”) in order to create a residential complex in accordance with the land substitution method under the Urban Development Act. Defendant B is the real estate listed in the attached Table No. 1; Defendant C is the real estate listed in the attached Table No. 2; Defendant C is the real estate listed in the attached Table No. 3; Defendant E is the real estate listed in the attached Table No. 4; Defendant F is the real estate listed in the attached Table No. 6; Defendant G is the real estate listed in the attached Table No. 9; Defendant G is the real estate listed in the attached Table No. 10; Defendant H is the owner of the real estate

B. On July 4, 2013, the Plaintiff issued a disposition to establish an association from the Kimpo market (hereinafter “instant disposition”).

(2) On September 25, 2015, the Plaintiff obtained authorization of the implementation plan for the instant project from the Gyeonggi-do Governor.

3) On October 6, 2016, the Plaintiff obtained authorization of a land substitution plan from the Kimpo market on November 11, 2016, and completed the public announcement of the designation of land substitution. (c) On September 20, 2017, the relocation and removal of the Kimpo market, the removal permission Kimpo-si, pursuant to Article 38(1) and (2) of the Urban Development Act and Article 63(2) of the Enforcement Decree of the same Act, issued a disposition to the Plaintiff to permit the transfer and removal of the items, etc. including the real estate listed in the separate list of the land located within the instant project zone, subject to compliance with Article 38(2) of the Urban Development Act and Article 38(2) of the Enforcement Decree of the same Act. [Grounds for recognition] Defendant B, C, F, G, H: lack of dispute, evidence Nos. 1-5, evidence Nos. 7-1, 6, 9, 10-1 through 5, 7, 8-1, 4 and 5-1.

Defendant D or E’s purport of each entry, as a whole, the entire pleadings (Article 150(3) and (1) of the Civil Procedure Act). Article 38 of the Urban Development Act (Obstructions)

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