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(영문) 인천지방법원 2019.03.12 2018가단221729

건물인도

Text

1. The Plaintiff:

(a) Defendant B is a building listed in Section 1 of the Schedule of Real Estate in Appendix 1;

B. Defendant C shall provide attached real estate 1.

Reasons

1. Basic facts

A. Under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Plaintiff is a housing redevelopment improvement project association established to improve urban and residential environments and to improve the quality of residential stability and residential life of its members by removing buildings within the area of 129,599m2 in Michuhol-gu, Incheon, JJ pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

B. Each real estate listed in the separate sheet No. 1 (hereinafter “each real estate of this case”) is within the project area of this case. Defendant B is the possessor of each real estate listed in the separate sheet No. 1, Defendant C is the owner of each real estate listed in the annexed sheet No. 2, Defendant D is the real estate listed in the annexed sheet No. 3, Defendant E is the real estate listed in the annexed sheet No. 3, Defendant E is the real estate listed in the annexed sheet No. 4, Defendant F is the real estate listed in the annexed sheet No. 1, Defendant G is the real estate listed in the annexed sheet No. 6, Defendant H is the real estate listed in the annexed sheet No. 7, the real estate listed in the annexed sheet No. 1, the

C. The Plaintiff established a management and disposal plan concerning A-Housing Redevelopment Improvement Project (hereinafter “instant rearrangement project”) conducted within the instant project zone, and applied for authorization to the head of Michuhol-gu Incheon Metropolitan City.

Accordingly, the head of Michuhol-gu Incheon Metropolitan City approved the management and disposal plan on June 19, 2017, and publicly notified it on the same day (hereinafter referred to as the "public notice of this case").

Meanwhile, according to the Plaintiff’s articles of incorporation, a member bears the duty of removal and relocation according to a project implementation plan (Article 10(1)7), and a member shall leave the relevant building within the relocation period determined and notified by the partnership, and if there is a tenant or temporary resident, a member shall leave the building at the same time as his/her own responsibility.

§ 35.