beta
(영문) 의정부지방법원 2017.11.09 2017가단2809

건물명도

Text

1. The Plaintiff:

A. Defendant B: (a) the buildings listed in attached Form 1;

B. Defendant C is a building listed in attached Form 2, C.

Reasons

Facts of recognition

The Plaintiff is a housing redevelopment and consolidation project partnership under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) which has obtained authorization to establish a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) from the government market in order to implement the housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”).

The Plaintiff obtained authorization to implement a project on March 31, 2015 from the government market in accordance with the Urban Improvement Act, and obtained authorization to implement a project on August 27, 2016 from the Plaintiff’s general meeting (hereinafter “instant general meeting”) on November 4, 2016, and publicly notified the management and disposal plan in the official bulletin.

The defendants are the owners of each building listed in paragraph (1) of this Article, who have filed an application for parcelling-out in the procedure for application for parcelling-out as notified by the 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.

Provided, That where it is deemed that there is no problem in formulating a management and disposal plan, the period for application for parcelling-out may be extended within 20 days.

(4) Where a member falls under any of the following subparagraphs, the Cooperative shall liquidate in cash the buildings and other rights within 150 days from the date on which he/she 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 An applicant for parcelling-out or a person who has withdrawn the application for parcelling-out before the expiration of the period for application for parcelling-out: The following day;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. A person excluded from parcelling-out under the authorized management and disposal plan: The day following the date when the management and disposal plan is authorized.

[Reasons for Recognition]