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(영문) 대전지방법원 천안지원 2017.04.27 2015가단111743
부동산인도 청구의 소
Text

1. The Defendants’ real estate indicated in Section B, “A indicating that the real estate is to be delivered to each of the Defendant” in attached Table to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and consolidation project association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement housing redevelopment and rearrangement projects (hereinafter “instant rearrangement project”) in the H Il-si, Hacheon-si, including the site of each real estate listed in the attached list.

B. On July 24, 2006 and December 31, 2007, the Plaintiff obtained authorization for the establishment of a management and disposal plan from the astronomical mayor, and obtained authorization for the implementation of a project on September 16, 2013, by attaching documents, such as a project implementation plan to modify the authorized contents, a project implementation plan to attach articles of association, etc., and obtaining the consent of the general meeting of the association regarding the modification of a project implementation plan, and obtained authorization for the implementation of a project from the astronomical mayor on September 16, 2013, based on the above project implementation authorization, and obtained authorization for the management and disposal plan (hereinafter “instant authorization”), and the astronomical mayor announced the above management and disposal plan on April 13, 2015.

C. Defendants B, C, F, and G are the owners of each of the pertinent real estate indicated in the order and the Plaintiff’s partner who filed an application for parcelling-out within the period of application for parcelling-out as notified by the Plaintiff, Defendant D, and E are the lessees, and Defendant D occupies the forepart of the first floor among the real estate listed in the attached Table 2, and Defendant E occupies the first floor from among the real estate listed in the attached Table 2.

Some landowners in the rearrangement zone of the instant rearrangement project filed a lawsuit seeking confirmation of the establishment of an association with the Daejeon District Court 2016Guhap10135, and the Daejeon District Court 2016Guhap103162, respectively, a lawsuit seeking confirmation of invalidity of the management and disposition plan was filed, but the said court dismissed the Plaintiff’s claim on February 15, 2017, and each appeal is still pending.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 20 evidence (including branch numbers, if any) and the purport of whole pleading

2. We examine the determination of the cause of the claim.

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