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(영문) 창원지방법원 마산지원 2018.06.12 2018가단101140
건물명도(인도)
Text

1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.

2. The costs of lawsuit are assessed against the Defendants.

3.

Reasons

1. Facts of recognition;

A. The Plaintiff is an association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a reconstruction project.

B. On September 29, 2017, the Changwon market approved and publicly notified the Plaintiff’s management and disposal plan.

(hereinafter referred to as “instant notice”). C.

The Defendants filed an application for parcelling-out with the Plaintiff within the period of application for parcelling-out as the owner of the real estate listed in the attached list (hereinafter referred to as “instant real estate”) in the improvement zone.

Plaintiff

The articles of association included the following contents. On February 28, 2018, the term “within 30 days after approval of the management and disposition plan” was amended to “within the time limit set and notified separately by the cooperative.”

Article 44 (Application for Parcelling-Out, etc.) (4) Where a member of the Cooperative falls under any of the following subparagraphs, the Cooperative shall liquidate the buildings and other rights in cash within 90 days from the date following the date of obtaining authorization for management and disposal

The amount may be the arithmetic mean of the values appraised by at least two appraisal business entities.

Provided, That if there is an amendment, etc. to related Acts and subordinate statutes, it shall be governed by statutes.

1. An applicant for parcelling-out;

2. Persons who have withdrawn the application for parcelling-out;

3. A person excluded from the objects of parcelling-out under the authorized management and disposal plan. (5) The partners shall conclude a parcelling-out contract within 30 days after the approval of the management and disposal plan, and the provisions of paragraph (4) shall apply mutatis mutandis

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1-9 (including virtual number), and the purport of the whole pleadings

2. According to Article 49(6) of the former Act on the Determination of Grounds for Claims (Amended by Act No. 14567, Feb. 8, 2017); when a management and disposal plan is authorized and publicly announced, the owner, superficies, persons having rights, such as the owner, superficies, leaser, etc. of the previous land or structure shall be either the previous land or structure until the date of public announcement of transfer under Article 54 of the same Act.

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