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(영문) 의정부지방법원 2018.11.30 2018가합50956
건물명도(인도)
Text

1.(a)

Defendant H Co., Ltd. shall be the amount indicated by the Plaintiff in the attached Table 1 “simultaneous performance amount” column.

Reasons

1. Basic facts

A. The Plaintiff is a reconstruction association which obtained authorization to establish a housing reconstruction project on December 29, 201 and completed the registration of incorporation on January 12, 2012, in order to implement the housing reconstruction project within 39,145 square meters in Nam-si, Namyang-si (hereinafter “instant project zone”).

B. The Plaintiff received authorization for the implementation of the project on December 14, 2016 from the Namyang City Mayor, and received the authorization for the implementation of the project on September 25, 2017, and publicly notified the authorization.

C. Around December 13, 2017, the Plaintiff notified the members of the period of concluding a contract for sale to set the period from December 26, 2017 to December 28, 2017.

The Defendants were the owners of each of the pertinent real estate stated in the attached Table 1 “real estate” in the instant business area (hereinafter “each of the instant real estate”) and were the Plaintiff’s members.

Defendant B, D, E, F, G, and I completed each registration of ownership transfer due to trust on December 15, 2017 with respect to the relevant real estate listed in the “real estate” column of the same Table (attached Table 1, 3 through 6, and 8), and Defendant C completed the registration of ownership transfer due to trust on January 26, 2018 with respect to the relevant real estate listed in the “real estate” column of attached Table 2.

E. The Defendants did not conclude a sales contract with the Plaintiff within the period of the above sales contract, and currently occupy each of the instant real estate.

F. Article 11(3) of the Plaintiff’s Articles of incorporation provides that “A person who, as authorized by a management and disposition plan, did not enter into a sales contract for the period of the conclusion of the sales contract by the partnership under Article 45(6) shall lose his eligibility as a partner on the day following the end of the conclusion of the sales contract, and Article 45(4) and (5) shall liquidate a building or other rights in cash within 90 days from the day following the date of

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