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(영문) 의정부지방법원 2018.03.30 2017가단7361
건물명도
Text

1. The Plaintiff:

A. Defendant B shall display 1, 2, 3, 4, and 1 of the attached Form 1 drawings among the real estate 1 floors listed in the attached Table 1 list.

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment and rearrangement project association that obtained approval for the establishment of a housing redevelopment project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents from the Government City on January 31, 2011 for the purpose of promoting a housing redevelopment project within G 132,521.4 square meters (which was changed to 132,479.8 square meters after the date) in the Government-si

B. On March 31, 2015, the Plaintiff received authorization for the implementation of the said housing redevelopment project from the Gu government market on March 31, 2015, and then received the authorization for the implementation of the project on November 4, 2016, respectively, and on November 4, 2016, the Gu government market published the approval for the implementation plan in the H bulletin publicly notified by the Gu government.

C. ① Defendant B leased and occupied a portion of 25 square meters in the ship (A) connected each point in sequence 1, 2, 3, 4, and 1 among the real estate listed in the annexed sheet No. 1 on the annexed sheet No. 1, and ② Defendant C owns and possesses the real estate listed in the annexed sheet No. 8; ③ Defendant D possesses the real estate listed in the annexed sheet No. 8; ④ Defendant E leases and occupies the real estate listed in the annexed sheet No. 1, 2, 3, 7, 8, and 1 among the two floors of the real estate listed in the annexed sheet No. 16, the part (a) in the ship connected each point in sequence with each point listed in the annexed sheet No. 7 drawings No. 1, 2, 3, 7, 8, and 64 square meters. ⑤ Defendant F leased and occupied the part (b) of the attached sheet No. 3, 4, 5, 6, 7, and 3 among the two floors listed in the annexed sheet No. 16.

[Basis] Evidence Nos. 1 through 4, Evidence No. 5-1, 7, 8, and 16, and the purport of the whole pleadings

2. The assertion and judgment

(a) Articles 3 and 49 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017);

(6) When the public announcement is made pursuant to the provisions of paragraph (3), owners, persons with superficies, persons having chonsegwon, leasers, etc. of the previous land or buildings.

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