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(영문) 대구지방법원김천지원 2019.11.27 2019가단32572
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B andC deliver all the 2 floors among the 1st real estate listed in the attached Table 1 list, and B.

Defendant D.

Reasons

1. Facts of recognition;

A. The Plaintiff is the Housing Redevelopment and Improvement Project Association established with the area of project implementation of 59,162 square meters which is located in the area of project according to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

B. Defendant B and C are the occupants of two floors among the real estate listed in the attached Table 1 list. Defendant D is an enterprise with mutual name “I” while occupying one story (68.04 square meters and 163.05 square meters) among the real estate listed in the attached Table 1 list as indicated in the attached Table 1 list. Defendant E is the possessor of the ship (a) and 32.52 square meters among the real estate listed in the attached Table 1 list among the real estate listed in the attached Table 4 in order to connect each point of the attached Table 2 drawings 1, 2, 3, 8, and 1 (a) among the real estate listed in the attached Table 1 list. Defendant B and Defendant G are the owners of the real estate (hereinafter “F”) and the aforementioned real estate project implementation district connected each point of the attached Table 2 drawings 3,4, 7, 8, and 3 in sequence with each point of 33.3 square meters and each of the above drawings 4,446,47,447,47,47, etc.

C. On August 13, 2015, the old U.S. Mayor publicly announced the authorization for the implementation of the project on housing redevelopment on August 19, 2015, and approved the management and disposal plan on May 17, 2018 (hereinafter “the instant management and disposal plan”), and publicly notified on May 23, 2018.

[Reasons for Recognition]

(a) Claim against Defendant B, C, or D: Confession (Article 208(3)2 of the Civil Procedure Act);

(b) Claim against Defendant E, F, and G: The absence of any dispute, the entries in the evidence 1, 2, 3, 2-1, 2-2, 3-1, 3-2, 4-1, 2, 4-2, 5, 7, and 8-2, and the purport of the whole pleadings;

2. According to the main sentence of Article 81(1) of the Act on the Determination of Grounds for Claim, a right holder, such as the owner, superficies, leaseer, etc. of the previous land or building, shall be subject to the approval of the management plan.

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