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(영문) 대전지방법원 2020.08.27 2020가단105668
건물인도
Text

1. The Plaintiff:

A. Defendant B: The real estate listed in the separate sheet No. 1;

B. Defendant C shall provide the real estate listed in the annex 2 list.

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment and rearrangement project partnership that implements a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), which designates the Seoul Central District F (hereinafter “instant rearrangement project zone”) as a project implementation district.

B. On August 9, 2019, the head of Daejeon District Office approved and publicly notified a management and disposition plan on the instant rearrangement project formulated by the Plaintiff.

C. Defendant B owned the real estate listed in the separate sheet No. 1; Defendant C owned the real estate listed in the separate sheet No. 2; Defendant D owned the real estate listed in the separate sheet No. 3; Defendant E owned the real estate listed in the separate sheet No. 4 (hereinafter collectively referred to as “each of the instant real estate”).

The Plaintiff filed an application with the Daejeon Metropolitan City Land Tribunal for adjudication of expropriation of each of the instant real estate, etc. on April 6, 2020, and the said Land Tribunal rendered an adjudication of expropriation of each of the instant real estate, etc. on May 15, 2020.

E. On May 14, 2020, the Plaintiff deposited each of the above expropriation rulings with the Daejeon District Court No. 3014 as depositee, the Daejeon District Court No. 2020, the Defendant C as depositee, the Daejeon District Court No. 3037 as the depositee in 2020, the Daejeon District Court No. 3030 as the depositee in 2020, and Defendant E as the depositee in 2020, and the Daejeon District Court No. 3034 as the depositee in 2020.

[Ground of recognition] Facts without dispute, entry in Gap evidence 1 through 8 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Article 81(1) of the Act on the Determination of Grounds for Claims provides that a right holder, such as the owner, superficies, leaseer, etc. of the previous land or building shall be subject to the public notice of the approval of the management and disposal plan under Article 78(4).

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