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(영문) 인천지방법원부천지원 2016.05.27 2015가합103509
퇴거 청구
Text

1. Of the instant lawsuit, the Plaintiff’s part regarding Defendant D and Appointed E is the withdrawal of the lawsuit on April 23, 2016.

Reasons

1. If it is found that the trial has been proceeded even though the lawsuit on the continuation of the lawsuit against the defendant (appointed party) D and the appointed party E was completed, the court shall ex officio declare the termination of the lawsuit;

(Supreme Court Decision 2010Da103048 Decided April 28, 201). Accordingly, on March 31, 2016, the Plaintiff submitted a written withdrawal of part of the lawsuit to the effect that the Plaintiff withdraws the lawsuit against Defendant (Appointed Party) D and the Appointed E. The Defendant (Appointed Party) did not raise an objection within two weeks from April 8, 2016 upon receipt of the written withdrawal of the said part of the lawsuit. As such, on April 23, 2016, the withdrawal was deemed to have been approved by Defendant (Appointed Party) D and the Appointed E, and became effective.

However, this Court decides that the plaintiff's lawsuit against defendant D and Appointed E is terminated by this judgment, since the court ended this Court and continued the trial against defendant D and Appointed E.

2. The Plaintiff’s remaining Defendants (hereinafter “Defendants”) referred to in this paragraph refers only to the remaining Defendants except Defendant D.

Determination as to the claim

A. 1) The Plaintiff is an association established with the purpose of implementing an urban development project A (hereinafter “instant urban development project”) to create a housing complex in the Filwon in accordance with the replotting method under the Urban Development Act.

B) Defendant B Co., Ltd. (hereinafter “Defendant Company”)

(1) The Defendant Incorporated Foundation C (hereinafter “Defendant Incorporated Foundation”) possesses the real estate listed in the separate sheet No. 1 within the instant urban development project zone.

A) Within the instant urban development project zone, each of the above real estates owned or occupied by Defendant Company and Defendant Foundation are owned or possessed (hereinafter collectively referred to as “each of the instant real estates”).

(ii) 2);

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