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(영문) 의정부지방법원 2021.01.27 2020가단122413
건물인도
Text

1. The Plaintiff:

A. Defendant B shall deliver the real estate listed in the separate sheet to Defendant B;

B. The defendant C shall list the annexed list.

Reasons

Basic Facts

The Plaintiff is an association established to implement a housing redevelopment and improvement project (hereinafter “maintenance project in this case”) under the Act on the Maintenance of Urban and Residential Environments (hereinafter “Act”) with the area of 41,865 square meters in Namyang-si, Namyang-si as a business implementation area.

With respect to the instant improvement project, the Plaintiff obtained authorization of the management and disposition plan on December 3, 2019, and publicly notified around that time.

Defendant B’s clan (hereinafter “Defendant clan”) is the owner of the real estate indicated in the attached list located within the instant rearrangement project zone (hereinafter “instant real estate”). The Defendant C among the Defendant’s clans, is a person who leased and occupies a part of 96 square meters (c) in the ship (hereinafter “the occupied part of this case”) located in the attached list among the first floors of the building indicated in the attached list among the first floors of the Defendant clans.

[Ground for recognition] Defendant C: deemed confession (Article 208(3)2 and the main text of Article 150(3) of the Civil Procedure Act): The main text of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, persons holding rights, such as the owner, superficies holder, lease holder, lease holder, etc. of the previous land or building, shall not use the previous land or building or make profits from the previous land or building when the determination of the overall purport of the pleadings is made, and the main text of Article 81(1) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor provides that the same shall not apply to cases where the compensation for losses under the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor is not completed.

According to the above regulations and the facts of recognition, the defendants lost their right to use and benefit from the real estate of this case and the possession of this case in accordance with the A's notice, which is a management and disposition plan concerning the above rearrangement project, barring any special circumstance. Thus, the defendant clan shall deliver the real estate of this case to the plaintiff, and the defendant C shall

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