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(영문) 의정부지방법원 2018.02.21 2017가단7385

건물명도

Text

1. The defendant points out of the paper floors of the real estate listed in the attached list to the plaintiff each point of the indication of the attached drawings 1, 2, 3, 7, and 1.

Reasons

1. The premise of the dispute is that the Plaintiff is a housing redevelopment and consolidation project association with approval for establishment on January 31, 201 from the government market pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) on the scale of 132,521 m2,521 m2 of the Dong Government-si Seoul Special Metropolitan City.

(The above size was changed to 132,479.8 square meters after the above authorization was granted. The Plaintiff obtained authorization for the implementation of the instant improvement project from the Gu government market on March 31, 2015, and obtained authorization for the management and disposal plan on November 4, 2016 in accordance with the resolution of the Plaintiff’s general meeting (hereinafter “instant general meeting”) on August 27, 2016, and the Gu government market announced the above management and disposal plan on November 4, 2016.

피고는 이 사건 정비사업 정비구역 내에 있는 별지 목록 기재 건물 중 100분의 99 지분을 소유하고 있고, 원고가 정한 분양신청 절차에서 분양신청을 한 조합원이며, 현재 위 건물의 지층 중 별지 도면 표시 1, 2, 3, 7, 1의 각 점을 차례로 연결한 선내 ㈏ 부분 30㎡(이하 ‘이 사건 건물’이라고 한다)를 점유하고 있다.

Plaintiff

Relevant provisions of the articles of incorporation shall be as follows:

Plaintiff

Article 44 (Application for Parcelling-Out, etc.) (1) The period for application for parcelling-out under Article 43 (4) shall be from 30 days to 60 days from the date of notification thereof.

Where it is deemed that there is no problem in formulating a management and disposal plan, the association may extend the period for application for parcelling-out within 20 days.

(4) Where a member falls under any of the following subparagraphs, the association shall liquidate in cash the buildings and other rights within 150 days from the date on which the member falls under such cases:

The amount may be consulted on the basis of an arithmetic mean of the values appraised by two or more appraisal business entities recommended by the Council market.

1. An applicant for parcelling-out or an applicant for parcelling-out before the period for application for parcelling-out expires;