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(영문) 서울북부지방법원 2015.11.26 2015가합20784

건물명도

Text

1. The Plaintiff, Defendant B, religious organization C, and the Plaintiff’s religious organization Diplomatic Association are attached to the building indicated in the attached list (1).

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment and maintenance project association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents established for the purpose of implementing a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) with the housing redevelopment project district consisting of the Seongbuk-gu Seoul HJ large scale 104,979 square meters as the project implementation district, and obtained authorization from the head of Seongbuk-gu Office to establish an association on June 25

B. 1) On December 28, 2011, the Plaintiff passed a resolution of an extraordinary general meeting of its members for the formulation of a project implementation plan on December 28, 201, and obtained project implementation authorization from the head of Seongbuk-gu Office on October 23, 2012 (hereinafter the above project implementation plan is deemed to be the initial project implementation plan

(2) After October 24, 2013, the Plaintiff obtained approval from the head of Seongbuk-gu Office on February 6, 2014 for a modified project implementation plan on the following grounds: (a) the Plaintiff obtained approval for a changed project implementation plan on February 6, 2014, to change a project implementation plan to increase the estimated amount of 515,06,254,836 won in KRW 613,970,89, approximately 19.2%; (b) the Plaintiff obtained approval for a changed project implementation plan as above from the general

(3) On April 24, 2014, the Plaintiff received approval for the management and disposal plan from the head of Seongbuk-gu Office on April 24, 2014, and the head of Seongbuk-gu publicly notified the above management and disposal plan on April 24, 2014. (c) Each building listed in the attached list is located within the zone where the instant improvement project is implemented; and (e) Defendant B Religious Organization D Diplomatic Association is located within the owner of the building listed in the attached list (1) and the owner of the building listed in the attached list (2) and the owner of the building listed in the attached list (3) of the Defendant B Religious Organization D Religious Organization D Family Association Association, the owner of the building listed in the attached list (4) and the Defendant B Religious Organization D Religious Organization F Assembly are the owner of the building listed in the attached list (5).

The Defendants were members of the Plaintiff association, but did not apply for an application for parcelling-out, and became eligible for cash settlement, and possessed and used the pertinent buildings as of the date of closing argument in the instant case.

The plaintiff is stated in the separate sheet with the defendants.