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(영문) 수원지방법원 2019.04.12 2018가단515025

건물명도(인도)

Text

1. The Plaintiff:

A. Defendant B: (a) each of the real estate listed in the list in attached Form 1;

B. The defendant C shall set forth in [Attachment 1] List 1.

Reasons

1. Facts of recognition;

A. The Plaintiff is an association that obtained authorization for the establishment of a housing redevelopment improvement project (hereinafter “instant improvement project”) on January 6, 2010 with a business area consisting of 171,652m2, Suwon-si H Day, Suwon-si H in order to implement the housing redevelopment improvement project (hereinafter “instant improvement project”).

B. On March 23, 2017, the Plaintiff obtained approval of the management and disposal plan of the instant rearrangement project from the Suwon Market, and the Suwon Market publicly notified the said management and disposal plan on March 27, 2017.

C. Defendant B is the Plaintiff’s partner who owns each real estate indicated in the list (attached Form 1) located in the instant rearrangement project zone.

Of the real estate listed in paragraph (1) of the list of [Attachment 1], Defendant C is the real estate listed in paragraph (1) of the attached Table 1 (attached Form 2), 103 square meters in part on the ship (ma), which is successively connected to each point of 3rd floor, 2, 3, 4, 5, 6, 1, and 103 square meters, and Defendant D Co., Ltd. (hereinafter “Defendant D”) among the real estate listed in paragraph (1) of the attached Table 1 (attached Form 1), which is indicated in paragraph (1) of the attached Table 3, 52.8 square meters in part on the ship (g) which is successively connected each point of 4th floor, 3, 3, 4th floor, 4th floor, 5th floor, 25th floor among the real estate listed in the list [Attachment 1], and the list of the real estate indicated in paragraph (2) [Attachment 1] among the real estate attached Form 2, 41th floor, 5th unit of G.

Meanwhile, Article 5(1) of the Plaintiff’s articles of association provides that “a partner shall invest the land, building, or superficies owned by him/her in kind in the partnership,” Article 10(1)7 of the same Act provides that “a partner shall have the obligation to remove and move through a business action plan,” Article 10(1)8 of the same Act provides that “a partner shall comply with the matters to be resolved by the relevant statutes, the articles of association, the general assembly, etc., and Article 37(1) of the same Act.”