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(영문) 서울동부지방법원 2015.03.27 2014가단58109

부동산명도 등

Text

1. The defendant shall deliver to the plaintiff the real estate No. 1 listed in the annexed list.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff received the authorization from the head of Songpa-gu Seoul Metropolitan Government on June 12, 2003 for the establishment of a housing reconstruction project with a view to implementing a housing reconstruction project with respect to 150 units of a building on a site of 405,782.40 square meters outside Songpa-gu Seoul, Songpa-gu, and six parcels, the Plaintiff received the authorization for the establishment of a housing reconstruction project; the authorization for the implementation of a project on April 1, 2008; the authorization for the implementation of a project on December 26, 2013; the authorization for the implementation of a project on January 27, 2015; and the authorization for the management

B. The defendant is the owner of the real estate No. 1 listed in the annexed list, and the above real estate is located in the above reconstruction project zone, and the defendant is the commercial partner who belongs to the plaintiff.

C. According to Article 32(1) of the Articles of Incorporation effective from the date on which the Plaintiff’s association establishment authorization was approved, “the association members to be removed shall move at their own expense during the implementation of the project,” and Article 32(4) of the same Act provides that “the association members shall move out of the relevant house within the relocation period determined and notified by the association, and if there are tenants or temporary residents, the association members shall move out of the relevant house at their own expense.”

On June 18, 2014, according to the above Articles of Incorporation and the resolution of the general meeting, the Plaintiff publicly announced the relocation of commercial partners from July 7, 2014 to August 8, 2014.

[Ground of recognition] Unsatisfy, Gap evidence 1 through 9 (including each number in case of a tentative number), the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the defendant, as a member of the plaintiff, has a duty to deliver the pertinent part to the plaintiff within the period of resettlement set by the articles of association of the association, and the defendant has a considerable period of time required to move to the defendant as of the date of closing argument for at least one year after

In addition, as seen earlier, the head of Songpa-gu announced the management and disposal plan of the plaintiff, and the plaintiff.