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(영문) 의정부지방법원 2017.03.31 2016가단124160
건물명도
Text

The plaintiff's lawsuit against the defendant C shall be dismissed.

2. The Plaintiff:

A. Defendant B is listed in the Appendix 1 list.

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment and rearrangement project association established to implement a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) with a housing redevelopment and rearrangement project area with a lot of 33,739 square meters in Dong-si, Dong-si.

B. On August 10, 2007, the Plaintiff obtained authorization to establish a management and disposition plan, which classified the Defendants as the persons subject to cash settlement (hereinafter “instant management and disposition plan”), and decided at the general meeting on June 30, 2015, and the old Ri market approved and announced the management and disposition plan on November 3, 2015.

C. Defendant B shall occupy the real estate listed in the separate sheet No. 1; Defendant C shall occupy the real estate listed in the separate sheet No. 2-1; and Defendant D shall occupy the real estate listed in the separate sheet No. 3-1.

On November 30, 2016, the Plaintiff deposited KRW 431,454,440 as compensation for land and goods under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”); KRW 348,290,260 as to Defendant C on December 1, 2016; and KRW 379,520,250 as to Defendant D on November 30, 2016.

【Ground of recognition】 The fact that there is no dispute, Gap 1 through 5, 6-2, 6-4, 6-5, and the purport of the whole pleadings

2. As to the defense prior to the merits

A. Defendant C’s defense prior to the merits is seeking to transfer the real estate indicated in [Attachment 2-1] to Defendant C, and Defendant C asserts that the Plaintiff’s lawsuit against the above Defendant is a duplicate lawsuit.

According to the purport of evidence Nos. 1 and 2 and the whole pleadings, the plaintiff filed a lawsuit against the above defendant, etc. on December 18, 2015, under the jurisdiction of the District Court 2015Kadan125456, and the copy of the complaint was served on the above defendant on February 23, 2016; ② the lawsuit in this case was brought on October 21, 2016; ③ the real estate for which the plaintiff seeks to deliver to the above defendant is the real estate listed in the attached Table 2-2; and the real estate for which the plaintiff seeks to deliver to the above defendant is attached Form 2-1.

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