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(영문) 의정부지방법원 2018.01.11 2017가단3895
건물명도(인도)
Text

1. The plaintiff

A. Defendant B is marked with the Map No. 2, 3, 4, 5, 6, 7, and 2 among the real estate strata listed in the attached Table No. 3 list.

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment and rearrangement project partnership with approval for establishment on January 31, 201 from the government market pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) in order to implement housing redevelopment and rearrangement projects (hereinafter “instant rearrangement projects”) on a scale of 132,521 square meters in the Gu-si Seoul Special Metropolitan City, which is a housing redevelopment and rearrangement project partnership with the approval for establishment

(F) The above area was changed to 132,479.8 square meters after the above approval was granted.

With respect to the instant improvement project, the Plaintiff obtained authorization for the implementation of the project on March 31, 2015 from the Gu government market, and obtained authorization for the management and disposal plan on November 4, 2016 in accordance with the resolution of the Plaintiff’s general meeting (hereinafter “instant general meeting”) on August 27, 2016, and publicly announced the authorization for the said management and disposal plan on November 4, 2016.

C. Defendant B, among the real estate strata listed in the separate sheet No. 3, has been connected in sequence with each point listed in the separate sheet No. 2, 3, 4, 5, 6, 7, and 2; Defendant B, among the real estate strata listed in the separate sheet No. 3, has been connected with each point listed in the separate sheet No. 1, 2, 7, 8, 9, 10, 11, and 1; Defendant C, among the real estate listed in the separate sheet No. 3, has been possessed with each point listed in the separate sheet No. 2, 3, 4, 5, 6, 7, and 2; Defendant D, among the real property listed in the separate sheet No. 3, has been included in the separate sheet No. 2, 28 square meters; Defendant E, in all of the real estate indicated in the separate sheet No. 6, has been included in the improvement project zone of this case.

[Basis] As to Defendant B, C, and D: Each entry of confession (Article 208(3)2, Article 150(3) of the Civil Procedure Act) as to Defendant E: The absence of dispute, Gap evidence 1 through 4, and evidence 5-1 through 11

2. Determination as to the cause of claim

(a) According to Article 49(6) of the Urban Improvement Act, when a public announcement of approval of a management and disposal plan is given for an urban rearrangement project, a person holding a right, such as the owner, superficies, leaseer, etc. of the previous land or structure, may not use or profit from the previous land or structure

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