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(영문) 서울북부지방법원 2015.09.08 2014가단30008
건물인도
Text

1. The Plaintiff, Defendant B, and Defendant C, respectively, shall be the part on the attached list of the buildings, and the part on the two-story 37.29 square meters among the buildings.

Reasons

1. Of the facts of the cause of the instant claim, the Plaintiff’s determination as to both claims: ① “The Plaintiff is a Housing Redevelopment and Improvement Project Association established for a housing redevelopment project with the area of project district of 104,979 square meters in Seongbuk-gu Seoul Metropolitan Government D D, which was established on June 25, 2009; authorization for the establishment of the association from the head of Seongbuk-gu Seoul Metropolitan Government; authorization for the implementation of the project on October 23, 2012; authorization for the implementation of the project on November 7, 2013; and authorization for the implementation of the project on April 24, 2014; and the head of Seongbuk-gu Seoul Metropolitan Government Office announced the above management and disposal plan on April 24, 2014 as the owner of the building stated in the attached list by Defendant B, but was classified as the subject of liquidation; Defendant C occupied the above building; Defendant C did not have any obligation to accept and use the above part as of the building as of 237.29 square meters from Defendant B’s building; and there was no dispute among the Defendants 281.

As to this, the Defendants asserted that the Plaintiff could not respond to the Plaintiff’s claim of this case because of a significant and apparent defect in the management and disposal plan act, which serves as the basis for the Plaintiff’s claim for delivery of a building, but it is insufficient to recognize this by only some of the entries in B 1, and there is no other evidence to recognize this.

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