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(영문) 대구지방법원 포항지원 2017.02.14 2016가단105730

건물명도

Text

1. The Plaintiff:

(a) Defendant B is the building described in the Appendix No. 2;

B. Defendant C shall each have the buildings listed in the separate sheet (7).

Reasons

1. Basic facts

A. The Plaintiff is a housing reconstruction improvement project association whose project implementation was authorized on May 8, 1998, the authorization for establishment of the association on August 19, 201, the authorization for establishment of the association on December 30, 208, and the authorization for the implementation of the project on December 24, 2015, in order to implement the housing reconstruction improvement project (hereinafter “instant improvement project”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

B. Defendant B is a member of the Plaintiff, who owns and occupies each of the buildings listed in the separate sheet (2) and the buildings listed in the separate sheet (7) in the separate sheet (7) (hereinafter referred to as “each of the above buildings”) in the instant project zone.

C. On August 18, 2016, the Pohang Port Mayor approved and publicly notified the management and disposal plan concerning the instant rearrangement project. D.

Plaintiff

The main contents of the articles of incorporation relating to this case are as follows:

Article 5 (Implementation Method) (1) Members shall invest in kind in a partnership with land and buildings owned, and a partnership shall build and supply multi-family housing and ancillary and welfare facilities in accordance with the management and disposal plan authorized under Article 48 of the Act on Urban Improvement.

Article 10 (Rights and Duties of Members) (1) Members shall have the following rights and duties:

6. Obligation to remove and move by the business action plan;

7. Other relevant Acts and subordinate statutes, the articles of incorporation, general meetings, etc. (1) Members to whom a house is removed due to the implementation of the project shall move at their own expense during the implementation of the project.

(4) Members of the cooperative shall move out of the relevant building within the relocation period that the cooperative determines and notifies, and shall take measures to move out together with the relevant members' responsibility if the relevant tenants or temporary residents exist.

Article 37 (Removal, etc. of Goods) (1) The Cooperative shall approve the management and disposal plan after authorization of the plan.