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(영문) 대구지방법원 포항지원 2017.02.14 2016가단105822

건물명도

Text

1. Defendant B shall deliver to the Plaintiff the buildings listed in the attached Table No. 1.

2. The costs of lawsuit shall be borne by each person;

3...

Reasons

1. Basic facts

A. The Plaintiff is a housing reconstruction project association that obtained authorization for the establishment of the association on May 8, 1998, the authorization for the establishment of the association on August 19, 201, the authorization for the implementation of the association on December 30, 208, and the authorization for the implementation of the project on December 24, 2015, in order to implement the housing reconstruction improvement project (hereinafter “instant improvement project”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

B. The Defendant is a member of the Plaintiff, who owns and occupies a building listed in the attached list in the instant project zone (hereinafter “instant building”).

C. On August 18, 2016, the Pohang Port Mayor approved and publicly notified the management and disposal plan concerning the instant rearrangement project. D.

Plaintiff

The main contents of the articles of incorporation relating to this case are as follows:

Article 5 (Implementation Method) (1) Members shall invest in kind in a partnership with land and buildings owned, and a partnership shall build and supply multi-family housing and ancillary and welfare facilities in accordance with the management and disposal plan authorized under Article 48 of the Act on Urban Improvement.

Article 10 (Rights and Duties of Members) (1) Members shall have the following rights and duties:

6. Obligation to remove and move by the business action plan;

7. Other relevant Acts and subordinate statutes, the articles of incorporation, general meetings, etc. (1) Members to whom a house is removed due to the implementation of the project shall move at their own expense during the implementation of the project.

(4) Members of the cooperative shall move out of the relevant building within the relocation period that the cooperative determines and notifies, and shall take measures to move out together with the relevant members' responsibility if the relevant tenants or temporary residents exist.

Article 37 (Removal, etc. of Branches) (1) Any cooperative may remove structures within a project implementation district after authorization of a management and disposal plan is granted.