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(영문) 대전지방법원 2016.10.13 2015가단220358
건물등철거
Text

1. The defendant shall complete delivery of the real estate stated in the separate sheet from August 21, 2016 to the plaintiff, or the date of completion of delivery of the real estate stated in the separate sheet.

Reasons

Basic Facts

A. The Defendant owned the sites, such as Daejeon Jung-gu, C, D, E, F, G, H, and I, and the real estate stated in the attached list (hereinafter “instant real estate”) adjacent to each of the above real estate, the Daejeon Jung-gu, Daejeon, K, and the real estate indicated in the attached list (hereinafter “instant real estate”). The above J, K, and the instant real estate collectively were owned by the PHousing Redevelopment and Development Project Association. The above J, K, and the instant real estate were owned by the P Housing Redevelopment and Development Project Association.

On August 5, 2013, the Defendant concluded a provisional sales contract to purchase LA real estate owned by the PAD on the ground of each of the above real estate.

However, the sales contract of the instant real estate has not been concluded as the relationship where the suspension of execution of duties against the president of the PHousing Redevelopment Project Association was in progress, and on July 25, 2014, the PHousing Redevelopment Project Association approved the Defendant to use land on the LA’s real estate including the instant real estate.

B. On August 27, 2014, the Defendant obtained a building permit to construct “R General Facilities” in size of the size of 4,684.62 square meters on the ground of land owned by the existing Defendant’s real estate and real estate owned by the PHousing Development and Improvement Project Association (hereinafter “instant building”) from the head of the Gu from Daejeon Metropolitan City, which was approved by the head of the Gu for land use by the existing Defendant (see the following drawings), and on October 21, 2015, the Defendant newly constructed a building and obtained approval for use on October 21, 2015. At present, Q is opened and operated in the instant building.

C. The Defendant, including the instant real estate, tried to construct the instant building on each of the instant land, and to purchase the remainder of the building site except the instant real estate. On December 8, 2014, Daejeon District Court 2014Ma24216, filed an application for mediation against PHousing Redevelopment and Improvement Project Association for the execution of the instant contract regarding the instant real estate. The instant application continues to exist.

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