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(영문) 서울서부지방법원 2015.09.16 2015가합34338
소유권이전등기
Text

1. Of the second floor of the real estate indicated in Appendix 1’s indication to the Plaintiff:

A. Defendant B shall indicate the annexed drawings 1, 2, 5, 6, 6.

Reasons

1. The following facts are deemed to have been led to confession by the Defendants pursuant to the main sentence of Article 150(3) of the Civil Procedure Act.

A. The Plaintiff is a housing reconstruction and rearrangement project partnership established pursuant to the provisions of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents in order to implement the instant reconstruction project on the land of 63,466.4 square meters in Seodaemun-gu Seoul Metropolitan Government. On November 26, 2007, the Plaintiff is a housing reconstruction and rearrangement project partnership established pursuant to the provisions of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents. The Defendants are the lessees of the real estate indicated in the attached Table 1 located within the instant rearrangement project zone. Defendant B is occupying the portion of “A” in which he successively connects each point of the attached Table 2 drawings No. 1, 2, 5, 6, and 1 among the two floors of the above real estate and the portion of “A” in which Defendant C is collectively connected each point of the same 2, 3, 4, 5, and 2.

B. On December 24, 2010, the head of Seodaemun-gu approved the implementation of the instant reconstruction project, and on August 14, 2012, the head of Seodaemun-gu publicly notified the management and disposal plan applied by the Plaintiff.

2. In accordance with Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the Defendants lost their right to use and benefit from each of their possession and acquired them by the Plaintiff due to the authorization and announcement of the management and disposal plan acknowledged as above

Therefore, among the 2nd floor of the real estate indicated in the attached Table 1, Defendant B is obligated to deliver to the Plaintiff the portion “A” in the attached Form 2, 2, 5, 6, and 1, and the part “B” in the attached Form 2, 3, 4, 5, and 2, which are connected in the order of each of the items in the attached Form 2, 3, 4, 5, and 2, which he possesses, and the Defendant C is obligated to deliver each of the items “B” in the order of each of the items in the attached Form 2, 2, 3, 4, 5, and 65.7 square meters.

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