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(영문) 대전지방법원 천안지원 2017.04.25 2015가단109764
부동산인도 청구의 소
Text

1. The Plaintiff:

(a) Defendant B and C real estate listed in the Schedule of Real Estate Nos. 1, 2, and 3;

B. Defendant D shall be in annexed Form.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and rearrangement project association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement housing redevelopment and rearrangement projects (hereinafter “instant rearrangement project”) in K in the incheon-si, K, as well as the site of each real estate listed in the attached list.

B. On July 24, 2006 and December 31, 2007, the Plaintiff obtained authorization for the establishment of a management and disposal plan from the astronomical mayor, and obtained authorization for the implementation of the management and disposal plan on September 16, 2013 by attaching documents, such as the project implementation plan to modify the authorized contents, the project implementation plan to attach the documents, the articles of association, etc., and obtaining the consent of the general meeting of the association regarding the modification of the project implementation plan. Based on the above project implementation authorization, the Plaintiff obtained authorization for the implementation of the management and disposal plan from the astronomical mayor on April 3, 2015 (hereinafter “instant management and disposal plan”), and the astronomical mayor announced the contents of the instant management and disposal plan on April 13, 2015.

C. Defendant B and C are the owners of real estate listed in the annexed real estate list Nos. 1, 2, and 3, Defendant D is the owners of real estate listed in the annexed real estate list Nos. 4, 5, and Defendant E is the owners of real estate listed in the annexed real estate list Nos. 6, 7, 8, Defendant F, G, H, and I are the owners of the sixth real estate listed in the annexed real estate list, and Defendant J is the Plaintiff’s member who applied for parcelling-out within the period of application for parcelling-out as notified by the Plaintiff.

Some landowners in the rearrangement zone of the instant rearrangement project filed a lawsuit seeking confirmation of the establishment of the Daejeon District Court 2016Guhap1135 and a lawsuit seeking confirmation of invalidity of the management and disposal plan under the Daejeon District Court 2016Guhap103162, respectively, but the judgment against the Plaintiffs was rendered on February 15, 2017, and each appeal is still pending.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 52 shall be included, and below.

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