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(영문) 서울북부지방법원 2016.05.13 2015가단146153
건물명도
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

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

3...

Reasons

1. Facts of recognition;

A. On April 21, 2009, the Plaintiff was a cooperative established to implement a housing redevelopment improvement project with the Seongbuk-gu Seoul Metropolitan Government Seoul Metropolitan Government Seoul Metropolitan Government 3 large-scale 89,853 square meters as a project implementation district pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), and was authorized to implement the project on April 4, 2013 by the head of Seongbuk-gu Seoul Metropolitan Government, and was authorized to implement the management and disposal plan on December 22, 2014 by the head of Seongbuk-gu, and the head of Seongbuk-gu Seoul Metropolitan Government Office announced the above management and disposal

B. The Defendant completed the application for parcelling-out within the period of application for parcelling-out as the owner of the real estate indicated in the attached list (hereinafter “instant real estate”), and withdrawn the application for parcelling-out thereafter.

(c) The articles of incorporation of the plaintiff related to the application for parcelling-out shall be as follows:

Article 10 (Rights and Duties of Members) (1) Members shall have the following rights and duties:

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

The amount shall be calculated by calculating the arithmetic mean of the values appraised by at least two appraisers recommended by the head of the Gu.

1. An applicant for parcelling-out;

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 Persons who have withdrawn the application for parcelling-out;

3. Persons excluded from the objects of parcelling-out under the authorized management and disposal plan. (5) Members shall conclude a parcelling-out contract within the period of concluding the parcelling-out contract determined and notified by the partnership after authorizing the management and disposal plan, and the provisions of paragraph (4) shall apply mutatis mutandis

The plaintiff did not notify its members of the conclusion period of the sales contract until now.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 2, Gap evidence 3-1, 2, 3, Eul evidence 2 and 4, Eul evidence 7-1 through 13, the purport of the whole pleadings

2. On March 2014 and August 201, 2014, the Defendant’s judgment on this safety defense is based on two times.

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