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(영문) 수원지방법원 안양지원 2018.11.28 2017가단124004
부동산인도
Text

1. The Plaintiff:

A. Defendant B is a part of 76 square meters of geographical strata among the real estate listed in the [Attachment 2] No. 1 of the real estate list.

Reasons

1. Facts of recognition;

A. The Plaintiff is an association that obtained authorization for the establishment of a housing redevelopment project for the purpose of implementing a housing redevelopment project with the housing redevelopment project district of 116,66.10 square meters in Ansan-si, Ansan-si, under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”).

B. On February 27, 2017, the Ansan City approved the management and disposal plan for the housing redevelopment improvement project, and publicly notified the details thereof.

C. From among each real estate list in the above project implementation district, each real estate list in the annexed Table 2, Defendant B is possessing the real estate listed in the annexed Table 1, Defendant D is possessing the real estate listed in the sequence 8, Defendant F is holding the real estate listed in the sequence 10, Defendant G is holding the real estate listed in the sequence 14, and Defendant H is occupying the real estate listed in the sequence 15, respectively.

[Ground of recognition] Defendant D, F, G, and H: The fact that there is no dispute over Defendant B, C, and E under Article 150 (Voluntary Confession) of the Civil Procedure Act, each entry in the evidence of subparagraphs A1 through 4, and the purport of the whole pleadings

2. Determination:

A. According to the above facts, Defendant B, D, F, G, and H were suspended from using and earning profit from each of the above possession real estate in accordance with the notice of the above management and disposal plan, and thus, they are obligated to deliver each of the above possession real estate to the Plaintiff who acquired the right to use and earning profit.

B. The Plaintiff asserts that Defendant B owned the real estate indicated in No. 67.46 square meters of the 2nd floor among the real estate listed in the annexed Table 1 No. 5 of the real estate list No. 2, Defendant C owned the real estate listed in the annexed Table No. 5 of the real estate list No. 2, and Defendant E possessed the real estate listed in the same list No. 9 of the same list. However, it is insufficient to recognize that the above Defendants possessed the real estate as of the date of the closing of the argument in the instant case only with the entries in the evidence No. 5-1, 4, 5, 6, 8, and 9, and there is no other evidence

3. Conclusion.

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