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(영문) 의정부지방법원 고양지원 2018.09.19 2017가단78380
건물명도(인도)
Text

1. The Defendants shall deliver each of the pertinent real estate listed in the separate sheet to the Plaintiff.

2. The costs of lawsuit shall be individually counted.

Reasons

1. On July 18, 201, the Plaintiff was a housing redevelopment and rearrangement project association with the authorization of establishment on July 18, 201, and the high-sea market approved the implementation of the housing redevelopment and rearrangement project around October 201.

Attached Form

Each real estate indicated in the list is a real estate located in the project implementation district above, and its owners filed an application for parcelling-out to the plaintiff as a member of the plaintiff, and the defendants are tenants of each of the relevant real estate. On August 29, 2017, the Goyang market approved and publicly notified the management and disposal plan of the plaintiff.

[Ground of recognition] Defendant G andO: Each entry of evidence A from 1 to 52, and the remainder of the purport of the entire pleadings: Confession (Article 150(3) and (1) of the Civil Procedure Act)

2. The main sentence of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) provides that when the approval of a management and disposal plan is publicly announced, the right holder, such as the owner, superficies, leaseer, etc. of the previous land or building, may not use or profit from the previous land or building. As seen earlier, there was the Plaintiff’s authorization and public notice of the management and disposal plan regarding the housing redevelopment improvement project on August 29, 2017, and thus, the Defendant G is obligated to deliver the real estate listed in attached Table 6 to the Plaintiff, barring any special circumstance.

As to this, Defendant G cannot deliver the said real estate until the deposit for lease is returned. However, if the written evidence No. 53 added the purport of the entire pleadings, the Plaintiff can be recognized as having paid the deposit for lease on behalf of the lessor on or around June 2018 according to the agreement with Defendant G, the aforementioned defense is rejected.

3. Determination as to claims against the remaining Defendants

A. As to the redevelopment and rearrangement project of housing by the applicant to indicate the claim.

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