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(영문) 대구지방법원 2020.06.10 2019가단139283
건물명도(인도)
Text

1. The defendant shall leave the part of the attached sheet No. 1 among the buildings listed in the attached sheet to the plaintiff.

2...

Reasons

1. Facts of recognition;

A. Under the Act on the Improvement of Urban and Residential Environments, the Enforcement Decree of the Act, and the articles of incorporation, the Plaintiff is a redevelopment association established to remove the buildings in the area and build new buildings on the land for the purpose of contributing to the improvement of urban and residential environment and the improvement of the residential stability and the quality of residential life of its members. The Defendant is a lessee who leased the portion of the building indicated in the order from among the real estate listed in the attached Table, which is owned

B. On August 28, 2008, the Plaintiff holds an inaugural general meeting established by the Plaintiff association, obtains consent to the establishment of a reconstruction association from each member present, prepares its articles of association, and completes the establishment of a corporation on December 31, 2008 by the remaining head of the Gu with authorization to establish a reconstruction association from each member present.

C. On August 28, 2018, the Plaintiff received an administrative disposition plan from the Nam-gu Office, which was publicly notified on August 30, 2018.

Plaintiff

On February 13, 2019, a cooperative filed an application for adjudication with a local Land Tribunal on land and building owners including the defendant. On June 25, 2019, a decision was made on the application for adjudication of expropriation, and the plaintiff deposited the compensation for expropriation with the defendant.

[Evidence] Evidence Nos. 1 through 6, 8, 12, and the purport of the whole pleadings

2. According to the above facts of recognition, the defendant is obligated to leave the leased building of the defendant to the plaintiff in accordance with relevant provisions, such as Article 81 of the Act on the Maintenance of Urban and Residential Environments.

3. Conclusion Claim of the Plaintiff

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