logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.12.19 2018가합51003
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B received KRW 20,700,000 from the Plaintiff and simultaneously received the payment from the Plaintiff, Section 1.

Reasons

1. Basic facts

A. The Namyang-si Mayor publicly announced the project implementation district of this case as A (EF apartment) housing reconstruction project of Namyang-si (hereinafter “the project implementation district of this case”) in Namyang-si, Namyang-si (hereinafter “the project implementation district of this case”).

B. On December 29, 2011, the Plaintiff is a housing reconstruction and rearrangement project association that has obtained authorization to establish a housing reconstruction and rearrangement project to implement the project implementation district of this case as a project site. The Defendants were the Plaintiff’s members, as the owners of each of the relevant real estate listed in the attached Table No. 1 (hereinafter “Defendant B’s real estate” as indicated in the attached Table No. 1) located in the project implementation district of this case, and as the Plaintiff’s real estate stated in Defendant C’s attached Table No. 2.

C. The Plaintiff received authorization to implement the project on December 14, 2016 from the Namyang-ju market, and received the authorization to implement the project on September 25, 2017, and was publicly notified of the said authorization to implement the project on the same day.

On December 13, 2017, the Plaintiff notified the Plaintiff’s members, including the Defendants, of the conclusion of the sales contract by setting the period from December 26, 2017 to December 28, 2017.

Defendant C completed the registration of ownership transfer on December 15, 2017 with respect to the instant real estate on the ground of the trust held on November 23, 2017, but the Defendants did not conclude the contract with the Plaintiff.

The Defendants currently occupy each of the instant real estate.

E. The articles of incorporation of the Plaintiff relating to this case are as follows.

Article 11 (Loss of Members' Qualifications) (3) A person who fails to conclude a sales contract during the period of conclusion of the sales contract set by the association under Article 45 (6) shall lose his/her eligibility as a member after the date of completion of the sales contract.

Article 45 (Application for Parcelling-Out, etc.) (4) Where a partner falls under any of the following subparagraphs, the Cooperative shall do so within 90 days from the date of receiving the approval for its management

arrow