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(영문) 서울동부지방법원 2015.03.27 2014가단34363

부동산명도등

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1. The Defendants deliver to the Plaintiff each real estate Nos. 3 and 4 of the real estate listed in the separate sheet.

2...

Reasons

1. Facts of recognition;

A. The Plaintiff obtained authorization from the head of Songpa-gu Seoul Metropolitan Government for the establishment of a housing reconstruction project on June 12, 2003, the authorization for the implementation of the project on April 1, 2008, the authorization for the implementation of the project on December 26, 2013, and the authorization for the management and disposal plan on January 27, 2015, respectively, for the purpose of implementing a housing reconstruction project with respect to 150 buildings on a site of 405,782.40 square meters of land outside Songpa-gu Seoul, Songpa-gu, and six parcels, and the said management and disposal plan was publicly announced on January 29, 201

B. The Defendants are co-owners who jointly own the real estate Nos. 3 and 4 in the separate sheet Nos. 1 and 1/2. Each of the above real estate is located within the said reconstruction project zone, and the Defendants are commercial partnership members who belong to the Plaintiff.

C. According to the Plaintiff’s articles of incorporation, Article 32(1) of the Plaintiff’s articles of incorporation provides that “A partner who removes a house due to a project implementation shall move at his/her own expense during the project implementation,” and Article 32(4) of the same Act provides that “A partner shall move from the relevant house within the relocation period determined and notified by the partnership, and if a tenant or a temporary resident exists, he/she shall take measures to leave the house at the same

On May 19, 2012, the Plaintiff passed a resolution that “The Plaintiff shall, after consultation with the financial company, resume the relocation within the earlier time after the general meeting, and shall delegate the schedule, procedure, etc. of the relocation to the board of directors.”

E. On June 18, 2014, according to the above Articles of Incorporation and the resolution of the general meeting, the Plaintiff publicly announced that commercial partners should move by setting the period from July 7, 2014 to August 8, 2014.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 11, 19 (including each number in case of a tentative number), the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the Defendants, as members of the Plaintiff, have the duty to deliver the pertinent part to the Plaintiff within the period of resettlement set by the Articles of association and the resolution of the general meeting.