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(영문) 의정부지방법원 2020.09.24 2020가단112843
건물인도
Text

1. The Plaintiff:

A. Defendant B indicated in attached Form 1 as “the drawings” indicated in attached Form 2, 3, 4, and 5.

Reasons

1. Basic facts

A. The Plaintiff is a reconstruction association, which completed the registration of incorporation on January 17, 2008, for the purpose of removing the housing, commercial buildings, etc. built on the 32,535 square meters wide of Guri-si D, and constructing a new apartment on the said land (hereinafter “instant rearrangement project”).

B. The progress of the instant rearrangement project is as follows.

1) On July 30, 2007, the designation of an improvement zone (Notice E 2 of Gyeonggi-do Office 2) 2) December 24, 2008, the approval of the project implementation plan and the public notice of the approval of the project implementation plan on December 19, 2016 (Notice 3 of Guririsisisisisisisisisisisisisisisisisisisisisi) on October 1, 2019 (Public Notice G of Gurisisisisisisi

C. The Defendants leased and possess part of the real estate indicated in the attached Form 1 “Real Estate Indication” located within the rearrangement zone of the instant rearrangement project (hereinafter “instant real estate”).

Defendant B is the entrepreneur who occupies part of the instant real estate and operates the static point, and Defendant B does not occupy the instant real estate at all.

However, according to the statement No. 6, Defendant B concluded a real estate monthly rent contract with H of the owner of the instant real estate and leased 2 partitions of the instant real estate.

Specifically, Defendant B occupies the portion 25.92 square meters on the ship which connects each point of the attached Table 2, 3, 4, 5, 6, and 3 among the instant real estate, and Defendant C occupies 132.02 square meters on the second floor among the real estate indicated in the attached Table 1.

[Reasons for Recognition] Defendant B: A without dispute, each entry of Gap evidence Nos. 1 through 6, Defendant C with the purport of the whole pleadings

2. Determination on the cause of the claim

A. Article 78(4) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) provides that “When the head of a Si/Gun/Gu approves a management and disposal plan pursuant to paragraph (2), he/she shall publicly notify the details thereof in the official bulletin of the

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