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(영문) 의정부지방법원 2017.04.28 2016가합53227
건물명도
Text

1. The defendant shall deliver to the plaintiff each real estate listed in the separate sheet.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Basic facts

A. The Plaintiff is a cooperative established for the purpose of implementing a housing redevelopment improvement project (hereinafter “instant rearrangement project”) whose project implementation district covers 34-2,447m2, Dong-si, Dong-si, Dong-si (hereinafter “instant rearrangement project”), and completed the registration of establishment on September 3, 201 with the authorization for establishment from the Gu-si mayor on September 3, 2010.

B. The Plaintiff obtained authorization from the Gu Government Mayor on September 11, 2013 for the implementation of the management and disposal plan (hereinafter “instant management and disposal plan”) on February 29, 2016, and the Gu Government Mayor announced the details of the authorization of the above management and disposal plan on the same day.

C. Meanwhile, the Defendant owned and possessed the land listed in paragraph (1) of the attached Table Nos. 1 and the buildings listed in Paragraph (2) of the same Table on the land located within the instant rearrangement project zone (hereinafter “each real estate of this case”). The Defendant applied for the sale of religious land within the period of application for parcelling-out.

(1) In the instant rearrangement project zone of the Plaintiff, there are religious facilities, consisting of the Defendant, the Korea Tymnasium, the Korea Tymnasium, the Korea Tymnasium, and the Korea Tymnasium. The said three churches all applied for a parcel of religious land.

However, the management and disposal plan of this case is scheduled to supply a parcel of land (394m2) as a religious site.

(2) Of the instant management and disposition plan, the part relating to the religious site, the issues of the instant disposition, is as follows.

Article 2 (Disposal of Land and Buildings) (2) Disposal of a building site to be sold in lots, the area of a site classified into the area of a building site and the area of a building site to be sold in lots, shall be excluded from calculation of the estimated proportional rate of the following size and amount among the area of a building site to be sold in lots and the area of a building site to be sold in lots, and the area of a religious facility, 394.00;

However, the details of the purchase contract of government-owned land and the changes in the opinion or the person subject to liquidation submitted during the public inspection period.

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