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(영문) 인천지방법원 2019.05.09 2018가단252143
건물명도(인도)
Text

1. The Plaintiff:

(a) Defendant B shall provide one real estate listed in the annexed real estate list;

B. Defendant C is written in the annexed annexed annexed annexed Table.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment project association established for the purpose of implementing a housing redevelopment project by setting the area of 129,599m2 in Michuhol-gu Incheon Metropolitan City H as the business area.

B. The head of Michuhol-gu Incheon Metropolitan City authorizing the management and disposal plan on June 19, 2017, and publicly announced it on the same day.

C. Defendant B is the owner of the building listed in attached Table 1, and the Plaintiff’s member is the owner of the building listed in attached Table 2. Defendant C was the owner of the building listed in attached Table 2. However, on August 2, 2017, the ownership of the building was lost due to the voluntary auction of the building, but the business owner of the building was engaged in the business; Defendant D occupied as a tenant of (a) part of the attached Table 1, 2, 3, 4, and 1 among the three real estate listed in the attached Table 3 real estate list in order to connect each point of (b) part of the attached Table 1, 2, 3, 4, and 1 among the three real property listed in the attached Table 3 real estate list, and Defendant E is the person who occupied as a tenant of the portion (b) part (G) of the attached Table 5, 6, 7, 8, and 5 among the three real estate listed in the attached Table 3 real estate list.

Attached Form

Each real estate listed in the list of real estate is located within the above business area.

【Plaintiffs and Defendant C: Each entry in Gap evidence Nos. 1 through 17, the purport of the entire pleadings, and the fact that the plaintiff, Defendant B, D, and E are admitted (Article 150(3) of the Civil Procedure Act)

2. Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”) provides that “Any right holder, such as the owner, superficies, leasee, etc. of the previous land or building shall not use or benefit from the previous land or building until the date of the public announcement of the approval of the management and disposal plan under Article 78(4), and the fact that the head of Michuhol-gu Incheon Metropolitan City publicly notified the approval of the management and disposal plan on June 19, 2017

Therefore, according to the above facts of recognition, the defendants are real estate business operators unless there are special circumstances.

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