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(영문) 서울동부지방법원 2015.04.30 2014가단34240

부동산명도등

Text

1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.

2. The costs of lawsuit are assessed against the Defendants.

3.

Reasons

1. Basic facts

A. The Plaintiff association is a reconstruction maintenance project association established to promote a reconstruction project of A apartment on the ground of 405,782.40 square meters of land outside Songpa-gu Seoul, Songpa-gu, and six parcels (hereinafter “instant apartment”), which is approved by the head of Songpa-gu Seoul Metropolitan Government to establish an association on June 12, 2003, which is approved by the head of Songpa-gu Seoul Metropolitan Government on April 12, 2008, the authorization for the implementation of the project on December 26, 2013, the authorization for the implementation of the project on January 27, 2015, and the head of Songpa-gu publicly notified the management and disposal plan on January 29, 2015 (hereinafter “Urban Improvement Act”).

B. The Defendants owned the real estate listed in the separate sheet (hereinafter “instant real estate”) as indicated in the separate sheet, and occupied it. The said real estate is located within the site of the said reconstruction project, and the Defendants are commercial partnership members who belong to the Plaintiff.

C. Article 32(1) of the Articles of Incorporation effective from the date of authorization to establish the Plaintiff’s association provides that “A partner to be removed from a house due to a project implementation shall move at his/her own expense during the project implementation.” Article 32(4) of the same Act provides that “A partner shall move from the relevant house within the relocation period determined and notified by the association, and if a tenant or a temporary resident exists, he/she shall take measures to leave the house

On June 18, 2014, the Plaintiff publicly announced that the period from July 7, 2014 to August 8, 2014 should be set up and move to a member of a commercial building in accordance with the provisions of the above Articles of Incorporation and the resolution of the general meeting.

[Ground of recognition] Facts without dispute, Gap 1, 3, 6, 7 evidence, Gap 2, 4, 19 evidence, and the purport of the whole pleadings.

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the Plaintiff’s management and disposal plan is authorized and publicly notified by the head of Songpa-gu and thus, the rights and obligations of the members within the reconstruction zone.