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(영문) 대전지방법원 천안지원 2017.04.25 2015가단111774
부동산인도 청구의 소
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. Costs of lawsuit shall be borne by the Defendant.

3...

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and rearrangement project association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) in the first place of C including the site of each real estate listed in the attached list.

B. On July 24, 2006 and December 31, 2007, the Plaintiff obtained authorization for the establishment of a management and disposal plan from the astronomical mayor, and obtained authorization for the implementation of the management and disposal plan on September 16, 2013 by attaching documents, such as the project implementation plan to modify the authorized contents, the project implementation plan to attach the documents, the articles of association, etc., and obtaining the consent of the general meeting of the association regarding the modification of the project implementation plan. Based on the above project implementation authorization, the Plaintiff obtained authorization for the implementation of the management and disposal plan from the astronomical mayor on April 3, 2015 (hereinafter “instant management and disposal plan”), and the astronomical mayor announced the contents of the instant management and disposal plan on April 13, 2015.

C. The defendant is the owner of the real estate indicated in the attached real estate list and is the plaintiff's member who applied for parcelling-out within the period of application for parcelling-out.

Some landowners in the rearrangement zone of the instant rearrangement project filed a lawsuit seeking confirmation of the establishment of the Daejeon District Court 2016Guhap1135 and a lawsuit seeking confirmation of invalidity of the management and disposal plan under the Daejeon District Court 2016Guhap103162, respectively, but the judgment against the Plaintiffs was rendered on February 15, 2017, and each appeal is still pending.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 28 evidence (including provisional number; hereinafter the same shall apply), significant facts, the purport of the whole pleadings

2. When the public announcement of approval of a management and disposal plan under Article 49 (3) of the Act on the Determination of Grounds for Claims is made, the owner, superficies, person holding the right to lease, lease, etc. of the previous land or buildings pursuant to paragraph (6) of the same

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