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(영문) 수원지방법원 2019.05.02 2018가단515339
건물명도(인도)
Text

1. The Plaintiff:

(a) Defendant B is the second floor of the building listed in Annex 1’s Schedule of Real Estate;

B. Defendant C and Defendant D are the same.

Reasons

1. Basic facts

A. The Plaintiff was established for the purpose of housing redevelopment and rearrangement project with the housing redevelopment project area of 171,537 square meters in Suwon-si, Suwon-si I, which was established for the purpose of housing redevelopment and rearrangement project, and was approved by the Suwon-si on January 6, 2010 for establishment of an association.

B. On December 11, 2015, the Plaintiff obtained authorization for the implementation of the project for the 171,652 square meters of Suwon-si I (district A) from the Suwon-si mayor on December 11, 2015, and obtained authorization for the management and disposal plan on March 23, 2017, and the said management and disposal plan was publicly notified on March 27, 2017.

(J) Notice in Susu City J. C.

Attached Form

Each real estate listed in the list is located in the project implementation district, and the defendants have occupied the above real estate as the owner or tenant of each corresponding real estate listed in the attached list.

After receiving the ruling of acceptance from the local Land Tribunal of Gyeonggi-do, the Plaintiff deposited the full amount of compensation for losses under the above ruling of acceptance with the Defendants as the depositee.

[Reasons for Recognition]

(a) Defendant F: Confession;

(b) The remaining Defendants: Each entry in the evidence Nos. 1 through 14 (including branch numbers for those with serial numbers) and the purport of the whole pleadings

2. The Defendants asserted by the Plaintiff are obligated to deliver each of the pertinent real estate listed in the separate sheet to the Plaintiff, who had the right to occupy and use the land or building within the project district after the public notice of the management and disposal plan pursuant to Article 49(6) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 1413, Mar. 29, 2016; hereinafter “former Act”).

3. Determination

A. Judgment by public notice on the claim against Defendant B (Article 208(3)3 of the Civil Procedure Act)

B. Judgment by deeming the confession of claim against Defendant F (Articles 208(3)2 and 150(3) of the Civil Procedure Act)

C. The main sentence of Article 49(6) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for the remaining Defendants is publicly notified of the authorization of the management and disposal plan.

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