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(영문) 수원지방법원평택지원 2020.05.22 2019가단63629
퇴거청구
Text

1. The defendant shall leave the plaintiff from the obstacles in the attached list No. 1.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. As to the factual relations of the grounds for the claim in the annexed Form of the facts

[Grounds for recognition] Each entry of Gap 1-11 (including paper numbers), the purport of the whole pleadings

2. Determination

(a) An implementer of an urban development project may relocate or remove buildings, etc. located in an urban development zone under Article 38 (1) of the Urban Development Act, and if anyone who occupies buildings, etc. is obstructed by such relocation or removal, he/she may request the occupant to withdraw for the smooth realization thereof;

(See Supreme Court Decision 2013Da89549 Decided September 4, 2014, etc.). B.

According to the above facts, the plaintiff, who is the operator of the business of this case, shall interfere with the relocation or removal of the building in question due to the defendant who occupies the obstacles of this case. Thus, pursuant to Article 38 (1) of the Urban Development Act, the defendant may claim the removal of the obstacles from the obstacles of this case, and the defendant shall be obliged to leave the obstacles of this case, unless there are special circumstances.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.

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