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(영문) 대전지방법원 2020.06.24 2019가단121053
건물명도(인도)
Text

1.For the plaintiff: (a)

Defendant B's each point of the attached Form 2,3,8,9, and 2 among the real estate listed in the attached Table 1 list.

Reasons

1. Basic facts

A. The Plaintiff is a housing reconstruction and improvement project association established for the purpose of implementing a reconstruction improvement project (hereinafter “instant rearrangement project”) in the Seo-gu Daejeon Special Metropolitan City H (A) Housing Reconstruction and Rearrangement Zone (hereinafter “instant rearrangement zone”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

B. On June 4, 2008, the head of Seo-gu Daejeon Metropolitan City announced the project implementation authorization for the Plaintiff’s housing reconstruction project; on the same day; on January 12, 201, the Plaintiff’s management and disposal plan (hereinafter “instant management and disposal plan”) was authorized and publicly notified; and on March 19, 2019, the amendment of the instant management and disposal plan was approved and publicly notified.

C. Each real estate listed in the separate sheet No. 1 list is located in the rearrangement zone in this case. Defendant B, among the real estate listed in paragraph (1) of the same list, has occupied part 45.36 square meters in the ship (a) connected in order to each point listed in the separate sheet No. 2,3,8,9,2, among the real estate listed in paragraph (1) of the same list; Defendant C, in order to connect each point listed in the separate sheet No. 4,5.36 square meters in the attached sheet No. 2,5,6,7, and4 among the real estate listed in paragraph (1) of the attached Table No. 1 list No. 1; Defendant D, in the attached sheet No. 2, Defendant E, the 87.83 square meters in the first floor among the real estate listed in paragraph (3) of the attached Table No. 1 list; Defendant F, in the 2nd floor No. 1

(hereinafter referred to as “each of the instant real estates” in entirety).

(a) Defendant B, E, or F: Judgment to be rendered as a confession (Article 208(3)2 of the Civil Procedure Act);

(b) Defendant D: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

(c) Defendant C: Facts without dispute, Gap’s evidence 1 through 3, Gap’s evidence 1, 2, Gap’s evidence 6, Gap’s evidence 7-1, and the purport of the whole pleadings and arguments

2. Determination as to the cause of action

A. Article 49(6) of the former Urban Improvement Act (amended by Act No. 9729, May 27, 2009; hereinafter the same) on the Defendants’ obligation to deliver real estate.

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