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(영문) 서울동부지방법원 2019.01.10 2018가단112056
건물명도(인도)
Text

1. The plaintiff

A. Defendant B all the buildings listed in the attached Table 1’s real estate list;

B. The defendant C shall list the attached real estate list in attached Form 1.

Reasons

1. Facts of recognition;

A. The Plaintiff is a reconstruction project association that obtained authorization for the establishment of the head of Gwangjin-gu Seoul Special Metropolitan City Office on July 27, 201 for the purpose of implementing a reconstruction project for members of Gwangjin-gu Seoul Special Metropolitan City E (hereinafter “instant reconstruction project”) and completed the registration of incorporation on August 3, 201.

B. The instant reconstruction project was conducted in the order of the approval of the project implementation plan on September 20, 2012, the approval of the project implementation plan on September 27, 2012, the approval of the project implementation plan on December 29, 2015, the approval of the project implementation plan on December 31, 2015, the public notification of the approval of the project implementation plan on December 31, 2015, and the approval of the management and disposal plan and the public notification on October

C. The Defendants, as the owners (members) or tenants of the buildings indicated in the attached Table 1’s list of real estate located within the instant reconstruction project zone (hereinafter “instant building”), occupy the instant building as shown below from the date the management and disposal plan was authorized and publicly announced to the present.

피고 표시 지위 점유 현황 피고 B 조합원 별지1 부동산목록 기재 건물 전체 피고 C 세입자 별지1 부동산목록 기재 건물 중 별지2 제1도면 표시 ㉣, ㉤, ㉩, ㉨, ㉣의 각 점을 순차로 연결한 선내 (다)부분 66.68㎡ 피고 D 세입자 별지1 부동산목록 기재 건물 중 별지2 제2도면 표시 ㉡, ㉢, ㉧, ㉦, ㉡의 각 점을 순차로 연결한 선내 (가)부분 33.34㎡

D. The Plaintiff was transferred a trust registration of ownership of the instant building for the reconstruction project of this case.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 6 (including each number), the purport of the whole pleadings

2. Determination

A. Determination as to claims against Defendant B and C is as shown in the annexed Form of Claim No. 1.

(2) Defendant B of applicable provisions of Acts: Defendant C: Article 208(3)2 of the Civil Procedure Act (i.e., deemed as confession): Article 208(3)3 of the Civil Procedure Act (Service by Public Notice)

B. Determination as to the claim against Defendant D (1)

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