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(영문) 서울북부지방법원 2021.01.07 2020가합22852
건물인도
Text

The Defendants jointly deliver to the Plaintiff each real estate listed in the separate sheet to the Plaintiff. 2. The costs of lawsuit are assessed against the Defendants.

Reasons

Facts of recognition

The Plaintiff is the Seongbuk-gu Seoul Metropolitan Government Housing Redevelopment and Improvement Project Association established on May 29, 2009 after obtaining authorization for the establishment of an association on June 5, 2009 to implement a housing redevelopment and improvement project under the Act on the Improvement of Urban and Residential Environments (hereinafter “instant project”).

The Defendants jointly own each real estate listed in the separate sheet located in the instant project zone, each of which is 56.53/327.31 shares of Defendant B, and each of which is 270.78/327.31 shares, and jointly occupied by Defendant C, respectively. The Plaintiff is an association member who filed an application for parcelling-out.

On February 7, 2020, the head of Seongbuk-gu Seoul Special Metropolitan City (hereinafter referred to as the "head of Seongbuk-gu Office") approved the management and disposal plan concerning the project of this case (hereinafter referred to as the "management and disposal plan of this case"), and publicly notified on February 13, 2020.

[Grounds for recognition] Defendant B: (a) without dispute; (b) evidence Nos. 1 and 2; (c) evidence Nos. 3-5 through 9; (d) evidence Nos. 4-2, Eul evidence No. 4-2, Eul evidence No. 2-5; (e) each statement Nos. 7 and 8-2 through 5; and (c) the overall purport of the pleading; and (d) Defendant C: The above facts of recognition as to the grounds for claim for determination of confession. According to the above facts of recognition, the head of Seongbuk-gu Seoul Metropolitan Government publicly notified the approval plan for the management and disposal of the project of this case by the head of Seongbuk-gu Seoul Metropolitan Government, thereby publicly notifying the management and disposal plan for the project of this case, the Defendants, as co-owners of interest on each real estate listed in the attached Form No. 81(1) of the Act, are obligated to deliver each real estate to the Plaintiff who acquired the right to use and benefit

As to the assertion of Defendant B regarding the invalidity of the instant management and disposition plan, each real estate listed in the attached list of Defendant B’s assertion is registered as a multi-family house on the building ledger, but it was a de facto multi-household house from the time of construction.

Defendant B shall enter in the attached list for the purpose of revising entry in the register in accordance with its substance.

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