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(영문) 의정부지방법원 2017.12.08 2017가단2953
건물명도
Text

1. The Plaintiff:

A. Defendant B delivers the real estate listed in the separate sheet No. 8;

B. The defendant C shall list attached Form 9.

Reasons

1. Basic facts

A. On January 31, 2011, the Plaintiff is a housing redevelopment project partnership that has obtained authorization to establish an association from the Gu government market pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of promoting a housing redevelopment project with respect to 132,521.4 square meters in Do Government-si.

(F) The above area was changed to 132,479.8 square meters after the above approval was granted.

With respect to the housing redevelopment project, the Plaintiff received the authorization to implement the project on March 31, 2015 from the Gu government market, and the authorization to implement the project on November 4, 2016 respectively.

C. On November 4, 2016, the Gu government market published the approval of the above management and disposal plan in the bulletin E-mail at the time of the government.

Defendant B is the owner of the real estate listed in the attached list No. 8, and Defendant C is the owner of the real estate listed in the attached list No. 9. The Defendants are the owners of the above real estate, who are the members of the Plaintiff who filed an application for parcelling-out in the procedure for application for parcelling-out as notified by the Plaintiff.

【Ground of recognition】 The fact that there is no dispute, Gap 1 through 4, 5-8, 5-9, and the purport of the whole pleading

2. The assertion and judgment

A. When the approval of a management and disposal plan is publicly announced in a housing redevelopment project with respect to the cause of the claim, the owner, superficies, leaseer, etc. of the previous land or structure may not use or profit from the previous land or structure in accordance with the management and disposal plan. On the other hand, the project implementer may directly acquire the right to use or profit from the previous land or structure within the housing redevelopment project zone even in order to remove the existing structure. Thus, the Plaintiff acquired the right to use or profit from the above real estate on November 4, 2016, which is the date the

Unless there are special circumstances, the defendants must deliver each of the above real estate possessed by them to the plaintiff.

(b) the defendant.

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