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(영문) 대구지방법원 2019.09.05 2019가단117009
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B indicated by Appendix 2 Nos. 1, 2, 3.

Reasons

1. Claim against the defendant B

A. In fact, the Plaintiff is a corporation that obtained the authorization of establishment pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of the housing redevelopment project in Daegu-gu D D D.

The management and disposal plan of the plaintiff was authorized on February 25, 2019, and announced on February 28, 2019.

(B) Defendant B is a lessee of the real estate listed in the [Attachment 1] list in the Plaintiff’s rearrangement zone (hereinafter “instant building”).

(2) Defendant B, among the second floor of the instant building, occupied by Defendant B, for residential purposes, a part of 75.8 square meters in the ship, which connects each point of 1, 2, 3, 4, 5, 7, 7, 9 and 75.8 square meters in sequence, among the two floors of the instant building (hereinafter “instant residential part”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 5, the purport of the whole pleadings

B. (1) When a management and disposal plan is approved and publicly announced in a housing redevelopment project, the lessee of the building in the rearrangement zone cannot use or benefit from the subject matter (Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents).

(2) According to the facts established above, Defendant B is obligated to deliver the instant residential part to the Plaintiff.

C. The plaintiff's claim against the defendant B is justified.

2. Claim against Defendant C

(a) Indication of claims: A housing redevelopment project operator, and a request for delivery to lessees of a building described in subparagraph 1(b) of the disposition within the rearrangement project zone (Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas

(b) Judgment on deemed confession (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act);

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