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(영문) 서울북부지방법원 2017.10.20 2016가단16440
건물명도
Text

1. The Plaintiff:

(a) Defendant B, C, and D are real estate listed in Appendix 1;

B. Defendant E and F are real estate listed in Appendix 2, C.

Reasons

1. Facts of recognition;

A. The Plaintiff is an organization comprised of “owners of land, etc.” under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) that engages in an urban environment rearrangement project by making the land area of the Dongdaemun-gu Seoul Metropolitan Government I large-scale I large-scale 43,281.8 square meters as a project implementation district. The Plaintiff obtained authorization for the implementation of an urban environment rearrangement project from the head of Dongdaemun-gu office around September 2014, and obtained the approval for the implementation plan on

B. The Defendants are the occupants of each of the real estate listed in the separate sheet in the project implementation district concerned, and each of the real estate listed in the separate sheet in the attached sheet in the attached sheet in the said project implementation district, including: ① Defendant B, C, and D occupy the real estate listed in the attached sheet 1 (hereinafter “real estate 1”); ② Defendant E and F occupy the real estate listed in the attached sheet 2 (hereinafter “second real estate”); ③ Defendant G is the real estate listed in the attached sheet 3 (hereinafter “third real estate”); ④ Defendant H occupies the real estate listed in the attached sheet 6 and the attached sheet 7 (hereinafter “six real estate”) and the real estate

[Grounds for recognition of Defendant B, C, D, E, F, and H] The facts without dispute, Gap evidence Nos. 1 through 3, Gap evidence Nos. 4-1, 2, 5, and Gap evidence Nos. 5-1 and 2, and the purport of the whole pleadings [Grounds for recognition as to Defendant G] The confession (Article 208(3)2 of the Civil Procedure Act)

2. According to Article 49(6) and (3) of the Act on the Determination of the Grounds for a Claim, the former owner, lessee, etc. of the subject matter shall be suspended from using and earning profit from the subject matter, and the project implementer shall be entitled to take over the subject matter to start the project (see Supreme Court Decision 2009Da28394, Nov. 24, 201). According to the above fact-finding, Defendant B, C, and D are obligated to deliver the subject matter to the Plaintiff, Defendant E, and F, the second real estate, the third real estate, and the 6 and 7 real estate, respectively.

3. Determination as to Defendant B, C, D, E, F, and H’s assertion

A. Determination of Defendant E/F on the assertion of lack of party capacity by Defendant E/F, the Plaintiff.

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