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(영문) 의정부지방법원 2017.09.15 2017나206800

건물명도

Text

1. All appeals filed by Defendant B, E, and Defendant (Appointed Party) are dismissed.

2. The costs of appeal are assessed against the defendant B, E, and.

Reasons

1. Basic facts

A. 1) The Plaintiff Mutual Association is a housing redevelopment improvement project (hereinafter “instant rearrangement project”) with an implementation area of 33,739 square meters in Guri-si, Guri-si.

(2) Defendant B, E, and network D are people who have owned land within the redevelopment and rearrangement zone of the above housing, and were established for the enforcement of the housing redevelopment and rearrangement project. The housing redevelopment and rearrangement project association established on August 10, 2007

3) The deceased D (spouse was dead in preference to the deceased D)

(C) On February 7, 2017, Defendant K, Selection L, M, N,O, P, Q, and R (hereinafter “Defendant K, etc.”)

) A deceased person (hereinafter collectively referred to as Defendant B, E, and K shall be referred to as “Defendants,” and, if included, as “Defendants, etc.”

B) On June 22, 2007, the Plaintiff Association Establishment Promotion Committee held an inaugural general meeting to establish an association on February 11, 2008 and passed a resolution on a project implementation plan (hereinafter “instant project implementation plan proposal”) with the content that “the area of the project implementation district: 31,650 square meters, the number of new units: 488 households: total floor space: 74,81.85 square meters, the total floor space of 81,673,643,496 won,” which read “the project implementation plan plan of this case”).

2) On November 2007, the Plaintiff Union changed the total project cost of the above project implementation plan to KRW 127.8 billion in total (=new construction cost + KRW 79.5 billion in other project cost + KRW 48.32 billion in other project cost) (hereinafter “the first project implementation plan”).

(C) On February 11, 2008, an application for authorization was filed with respect to the project implementation authorization from the Gu Ri market. (3) On April 7, 2010, the Plaintiff Union passed a resolution on a project implementation plan (hereinafter referred to as the “second project implementation plan”) with the consent of 195 members among 300 members at the time of holding a general meeting on April 7, 2010, changing the number of households to 512 households (ground 2, ground 15-22 stories), the total floor area to 76,193.38 square meters, the building-to-land ratio to 15.30%, the floor area ratio to 229.52%, the total project cost to 101574 billion won, etc.