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(영문) 의정부지방법원 2018.02.21 2017가단3024

건물명도

Text

1. The Plaintiff:

A. Defendant B all the real estate listed in the separate sheet No. 1:

B. Defendant C shall be listed in the separate sheet No. 2.

Reasons

1. The premise of the dispute is that the Plaintiff is a housing redevelopment and consolidation project partnership with approval for establishment on January 31, 201 from the government market pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) on the land of KRW 132,521,4,000,000,000,000.

(The above size was changed to 132,479.8 square meters after the above authorization was granted. The Plaintiff obtained authorization for the implementation of the instant improvement project from the Gu government market on March 31, 2015, and obtained authorization for the management and disposal plan on November 4, 2016 in accordance with the resolution of the Plaintiff’s general meeting (hereinafter “instant general meeting”) on August 27, 2016, and the Gu government market announced the above management and disposal plan on November 4, 2016.

The defendants are the owners of each building listed in the attached list in the improvement zone of this case, who have filed an application for parcelling-out in the procedure for application for parcelling-out as determined by the plaintiff, and currently occupy the relevant building.

Plaintiff

Relevant provisions of the articles of incorporation shall be as follows:

Plaintiff

Article 44 (Application for Parcelling-Out, etc.) (1) The period for application for parcelling-out under Article 43 (4) shall be from 30 days to 60 days from the date of notification thereof.

Where it is deemed that there is no problem in formulating a management and disposal plan, the association may extend the period for application for parcelling-out within 20 days.

(4) Where a member falls under any of the following subparagraphs, the association shall liquidate in cash the buildings and other rights within 150 days from the date on which the member falls under such cases:

The amount may be consulted on the basis of an arithmetic mean of the values appraised by two or more appraisal business entities recommended by the Council market.

1. An applicant for parcelling-out or a person who has withdrawn the application for parcelling-out before the expiration of the period for application for parcelling-out: The following day;

2. Persons excluded from objects of parcelling-out according to the authorized management and disposal plan: