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(영문) 서울북부지방법원 2019.06.26 2018가합958
건물명도
Text

1.(a)

The Defendant-Counterclaim Foundation B, a foundation foundation, provides each of the buildings listed in the separate sheet Nos. 1, 2, and 3 to the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is the party to the redevelopment area of this case (hereinafter “the redevelopment area of this case”) with the size of 59,465m2 (hereinafter “instant redevelopment area”).

2) Under the Housing Redevelopment Project Act (hereinafter “instant redevelopment project”);

On March 22, 2012, the head of Gangseo-gu Seoul Metropolitan Government (hereinafter referred to as the "head of Gangseo-gu") for the purpose of implementing the plan.

(2) The Defendant Foundation is the owner of each building listed in the separate sheet 1, 2, and 3 (hereinafter “each building of this case”) located within the redevelopment area of this case. The Defendant Cridge (hereinafter “partnership”) is the building listed in the separate sheet 1, 2, and the Defendant D Association (hereinafter “Union”) is the attached sheet 1, 2, 3, 4, 5, 6, and 1 among the 1st floor of the building listed in the separate sheet 1, the part (a) attached sheet 1, 3, 4, 5, 6, and 1 (hereinafter “the part indicated in the separate sheet 4(a)”) connected in sequence to each of the items in the separate sheet 1, 3, 4, 5, 6, and 1 (hereinafter “the part indicated in the separate sheet 3”) are leased and possessed by the Defendant Foundation.

B. On December 20, 2013, the Plaintiff filed an application for parcelling-out with the Plaintiff with the approval of the project implementation from the head of Gangnam-gu, the head of the Gu on April 6, 2015 to June 24, 2015. On June 24, 2015, the Defendant Foundation filed an application for parcelling-out with the Plaintiff for a religious site of 1,646 square meters of a 84 square meter-type housing and a 1,646 square meters of a size (5 square meters) on the part of the Plaintiff.

(hereinafter referred to as the "application for parcelling-out of this case" shall be filed for the plaintiff of the defendant foundation.

On October 29, 2017, the Plaintiff held a general meeting to formulate a management and disposition plan and passed a draft of the management and disposition plan. On January 4, 2018, the Plaintiff obtained authorization of the management and disposition plan from the head of Gangnam-gu Office, and the head of Gangnam-gu notified the management and disposition plan of this case on January 12, 2018.

As above, the management and disposition plan authorized by the head of Gangnam-gu Office on January 4, 2018 is the case.

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