건물인도
1. The defendants' appeal is dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1..
1. The reasoning of this court’s judgment citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and thus, citing the same as it is in accordance with the main sentence
However, with respect to the argument that the defendant emphasized or added by this court, the following judgments shall be added.
2. Additional determination
A. The summary of the Defendants’ assertion 1) The project implementation plan and the project implementation amendment plan approved on May 18, 201 and November 25, 201 to the Changwon City Mayor are invalid because the Plaintiff’s contents of the plan are omitted from all important matters prescribed by the former Urban Improvement Act and subordinate statutes, were formulated without the fund plan, and there is apparent and serious defect, such as without the general meeting resolution, and thus, the Plaintiff’s management and disposition plan approved on October 16, 201 from the original city (hereinafter “instant management and disposition plan”).
(2) Article 44(5) of the Plaintiff’s articles of incorporation provides that “a person who fails to conclude a sales contract” shall be subject to cash settlement. The Plaintiff did not notify or publicly notify the members, including the Defendants, of the period set for sales contract.
In the future, if the Defendants decide not to conclude the sales contract within the period of the sales contract, they will become the object of cash settlement, and prior to that, the Plaintiff’s claim for delivery of the building of this case can not be allowed as unfairly compelling the Defendants to perform the pre-sale obligation.
B. Determination 1) Article 49 of the former Act on Urban Improvement (amended by Act No. 1457, Feb. 8, 2017) and Article 73 of the current Act provide the same contents as those of the Act (However, the current Act was added to subparagraph 3.
(1) A project implementer shall do so with the following persons, land, buildings, or other persons within 90 days from the date following the date when a management and disposal plan is authorized or publicly announced: