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(영문) 수원지방법원 2019.08.28 2018가합28221

부동산 인도

Text

1. The Defendants shall deliver the pertinent real estate listed in the attached real estate list to the Plaintiff.

2. The costs of lawsuit shall be.

Reasons

1. The plaintiff's assertion

A. The Plaintiff is a housing redevelopment and consolidation project partnership under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) which completed the establishment registration on January 12, 2010, with the purpose of implementing a housing redevelopment project in which the Suwon-si I Project District (hereinafter “instant project implementation district”) is a housing redevelopment and consolidation project partnership under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

B. The Defendants leased and possessed each of the pertinent real estate from the owners of the real estate listed in the attached Table list located within the project implementation district of the instant case (hereinafter “owner of the instant case”).

C. The instant owners did not file an application for parcelling-out within the period for application for parcelling-out as determined by the Plaintiff (from February 20, 2016 to April 4, 2016), thereby losing their status as a member on the day following the expiration date of the period for application for parcelling-out and making cash clearing.

After the expiration of the period for application for parcelling-out, the Plaintiff established a management and disposal plan and passed a resolution at a general meeting on November 30, 2016, and obtained authorization from the Suwon Mayor on March 23, 2017, and was publicly notified of a management and disposal plan on March 27, 2017.

E. On September 8, 2017, the Plaintiff notified its members and tenants of the relocation period from October 2017 to February 28, 2018 to inform them of their application for relocation and relocation relocation expenses within the prescribed period.

F. The Plaintiff’s articles of incorporation or the main sentence of Article 49(6) of the former Urban Improvement Act (amended by Act No. 14567, Feb. 8, 2017) is obligated to deliver the pertinent real estate owned by the Plaintiff, respectively.

G. The Defendants are obligated to deliver each of the pertinent real estate to the instant owners, as the lease agreement with the instant owners was terminated due to a cause not attributable to the parties.

H. The Plaintiff shall exercise the right to claim the delivery of each of the pertinent real estate against the instant owners on behalf of the instant owners, with the right to be preserved.