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(영문) 광주지방법원 2017.07.26 2016가단527702
건물명도
Text

1. The Plaintiff, Defendant B, and Defendant C, each of whom is named in the separate sheet No. 1, and the buildings listed in the separate sheet No. 2.

Reasons

1. Facts recognized;

A. The Plaintiff is a housing redevelopment and rearrangement project association established with the area of 97,233 square meters in Gwangju-dong-gu, Gwangju-gu, as its business area. The Plaintiff is a project implementer who completed the registration of incorporation on June 24, 2008 with the authorization of the head of Dong-gu, the competent authority on May 16, 2008.

B. Defendant B is the owner of the building indicated in the attached Table 1 list and the Plaintiff’s union members, and Defendant C is the possessor of the building indicated in the attached Table 2 list located in the reconstruction project zone.

C. The Plaintiff was authorized to implement a redevelopment project on September 23, 2015 by the head of the Dong/Dong, the competent authority, and was publicly notified on the same day after obtaining authorization for the implementation of the redevelopment project on April 29, 2016.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. Pursuant to Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the Defendants cannot use or benefit from each building listed in the separate sheet from April 29, 2016, and are obligated to order the Plaintiff, who is the project implementer, to order the pertinent building.

The plaintiff's claim of this case is reasonable.

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