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(영문) 광주지방법원 2018.11.08 2018가단501155
건물명도(인도)
Text

1. The Plaintiff, Defendant B, and Defendant C, each of the real estate listed in the separate sheet No. 1, and the real estate listed in the separate sheet No. 2.

Reasons

1. Determination as to the claim against the defendant B

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment made by deemed confession (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act);

2. The facts in the separate sheet of claim as to the claim against Defendant C do not conflict between the parties.

As to this, Defendant C asserts that since it is the owner of the real estate listed in the attached Table 2 and is subject to cash clearing, it does not have a duty to deliver the above real estate to the Plaintiff unless

However, according to the statement in Gap evidence No. 5, since defendant C is recognized as an association member who filed an application for parcelling-out to the plaintiff, it does not constitute a person subject to compensation for losses (person subject to cash settlement) under the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor as an exception to Article 81 (1) 2 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), and thus, it is obligated to deliver real estate possessed by the

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