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(영문) 서울서부지방법원 2016.11.30 2016가단5477
건물명도
Text

1. The Plaintiff:

A. Defendant B and C shall each be indicated in the attached Form 4 Map 1, 2, 3, 4, and 1 among the two floors of the real estate listed in the attached Table 3 list.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) The Plaintiff is a project implementation district of Eunpyeong-gu Seoul, Eunpyeong-gu, G, and H as A Housing Redevelopment Improvement Project (hereinafter “instant rearrangement Project”).

(2) On July 30, 2015, the Plaintiff obtained the approval of the implementation of the instant improvement project from the head of Eunpyeong-gu, Seoul, and the head of Eunpyeong-gu Seoul, the head of Eunpyeong-gu, approved and publicly notified the Plaintiff’s management and disposal plan on November 19, 2015.

3) All of the real estate listed in the separate sheet are located within the project zone of the instant rearrangement project. 4) Defendant B and C are leased and possession of part (A) of the attached sheet No. 41, 2, 3, 4, and 1 successively connected each point among the two floors of the real estate listed in the attached sheet No. 3. 3.

5) Defendant D leased and possessed KRW 30.54m2 from the owner I for a deposit amount of KRW 40 million (However, the above lease agreement was concluded in the name of his spouse J) with each point of the attached Form 6 drawings No. 1, 2, 3, 4, 5, 6, 7, 13, 12, 11, and 1 among the real estate strata listed in the attached Table 7 list (A).

6) Defendant E leases and occupies part (B) of 33.24 square meters in sequence, which connects each point of (b) the Annex 6 Map No. 10, 11, 12, 13, 7, 8, 9, and 10 among the land strata listed in the attached Table 7.

[Ground of Recognition] Defendant D, E: A without dispute, each entry in Gap evidence Nos. 1 through 5 (including paper numbers), the purport of the whole pleadings / Defendant B, and C: Confession of confession

B. Article 49(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents provides that "the head of a Si/Gun shall, when he/she approves a management and disposal plan under paragraph (2), publish the details thereof in the official bulletin of the relevant local government, and the main sentence of paragraph (6) of the same Article provides that "the public notice under paragraph (3) has been made, the owner, superficies, leaseer, etc. of the previous land or building, and

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