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(영문) 서울북부지방법원 2017.05.10 2016가단144543

부동산인도

Text

1. The Plaintiff:

A. Defendant B shall list the annexed sheet

8. The listed real estate,

B. Attached List of Defendant C

9. The description.

Reasons

Facts of recognition

On March 20, 2009, the Plaintiff is a housing redevelopment and consolidation project association which has obtained approval to establish an association from the head of Seongbuk-gu Office pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act") with the size of 87,783 square meters in Seongbuk-

Defendant B’s list in the said project implementation district

8. The owner and possessor of the mentioned real estate, and the defendant C shall list the attached Form.

9. It is an owner or possessor of the indicated real property.

The head of Seongbuk-gu publicly announced the authorization to implement the project on January 17, 2013, and the authorization to revise the project on November 26, 2015, respectively, and publicly announced the authorization to implement the project on September 19, 2016.

On October 2, 2008, Defendant C subscribed to the establishment of the Plaintiff’s association, and applied for parcelling-out to the Plaintiff on December 21, 2015, which is within the period for application for parcelling-out.

Article 10(1)7 of the Plaintiff’s articles of incorporation provides for “Duty to remove and move according to a project implementation plan” as a member’s obligation.

【Non-contentious facts, Gap evidence Nos. 1 through 4 (including additional numbers), Gap evidence Nos. 5-8, 9, Gap evidence Nos. 7 and 8, and the purport of the whole pleadings, and when authorization and announcement of a management and disposal plan is made pursuant to Article 49(6) and (3) of the Act on the Determination of Urban Improvement of Urban Areas and Dwelling Conditions for defendant B, the previous owner and lessee of the subject matter shall be suspended, and the project implementer shall be able to take over the subject matter and take profits therefrom to start the project (see, e.g., Supreme Court Decision 2009Da28394, Nov. 24, 201). According to the above facts of recognition, according to the above, defendant B shall be listed in the annexed list to the plaintiff.

8. There shall be a duty to deliver the recorded real estate;

Defendant C, as a member of the Plaintiff’s association, is obligated to remove and move the real estate owned by the Plaintiff pursuant to Article 10(1)7 of the Union Articles of Incorporation. Thus, the Plaintiff’s list is attached to the Plaintiff

9. There shall be a duty to deliver the recorded real estate;

As to this, the defendant C does not complete the compensation for loss.