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(영문) 대구지방법원 2020.07.22 2019가단140504
건물명도(인도)
Text

1. Defendant C, D, E, F, and G are each Defendants listed in attached Table B “the indication of the real estate to be delivered to the Plaintiff by Defendant.”

Reasons

1. Facts of recognition;

A. The Plaintiff A Housing Redevelopment and Improvement Project Association is an Housing Redevelopment and Improvement Project Association approved on January 7, 2014 by the head of the Daegu Metropolitan City, which was established on the basis of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, in order to remove worn-out and inferior structures on the ground of 68,381 square meters on the land in Daegu-gu, Daegu-gu, and to implement a redevelopment project to newly build apartment houses

B. Defendant C, D, E, F, and G occupy each of the instant real property as the owner of each of the instant real property listed in the separate real estate list in the instant improvement project zone (Defendant C, D, E, and F are the successors of the network B, and the Deceased died on October 13, 2019).

However, Defendant H is not the owner or lessee of the real estate listed in the separate sheet of this case, and the court of dispute resolution is the lessee, and the above defendant is the in-house director of the above company.

C. The progress of the housing redevelopment improvement project by the Plaintiff Union is as follows.

Evidence for the use in a fake shall be as follows: (a) evidence No. 1 for authorization for the establishment of a partnership on January 7, 2014; (b) evidence No. 4 for authorization for the implementation of a project on March 27, 2017; and (c) evidence No. 5-2 for authorization for the implementation plan on June 3, 2019; (d) evidence No. 5-2 for authorization for the implementation plan on June 10

D. On December 4, 2019, the Daegu Metropolitan City Regional Land Expropriation Committee rendered an expropriation ruling of KRW 193,002,890 for Defendant G (land 165,804,80 won) and January 22, 2020 from the date of expropriation (land 165,804,800 won). The Plaintiff Cooperative paid the above expropriation compensation on January 21, 2020.

[Evidence] Facts without dispute, Gap evidence Nos. 1 through 11, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, Defendant C, D, E, F, and G are obligated to deliver each of their possessions to the Plaintiff Union.

However, there is no evidence to prove that the above defendant H possessed the real estate, and the plaintiff union's claim against the above defendant against the defendant is without merit.

B. Defendant G is determined by adjudication by the local Land Tribunal.

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