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(영문) 서울동부지방법원 2015.04.30 2014가단35427
부동산명도등
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. Basic facts

A. The Plaintiff association was established to promote the reconstruction project of A apartment (hereinafter “instant apartment”) located on the ground of 405,782.40 square meters of land outside Songpa-gu Seoul, Songpa-gu, and six parcels, and was authorized to establish the association on June 12, 2003 by the head of Songpa-gu Seoul Metropolitan Government, the authorization for the establishment of the association on April 12, 2008, the authorization for the implementation of the project on December 26, 2013, the authorization for the implementation of the project on January 27, 2015, and the head of Songpa-gu publicly announced the management and disposal plan on January 29, 2015 (hereinafter “Urban Improvement Act”) pursuant to Article 49(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

B. The defendant owns and occupies the real estate listed in the attached list, and the above real estate is located in the site for the reconstruction project, and the defendant is a commercial building member who belongs to the plaintiff.

C. Article 32(1) of the Articles of Incorporation effective from the date of authorization to establish the Plaintiff’s association provides that “A partner to be removed from a house due to a project implementation shall move at his/her own expense during the project implementation.” Article 32(4) of the same Act provides that “A partner shall move from the relevant house within the relocation period determined and notified by the association, and if a tenant or a temporary resident exists, he/she shall take measures to leave the house

On June 18, 2014, the Plaintiff publicly announced that the period from July 7, 2014 to August 8, 2014 should be set up and move to a member of a commercial building in accordance with the provisions of the above Articles of Incorporation and the resolution of the general meeting.

[Ground of recognition] Facts without dispute, Gap 1, 3, 6, 7 evidence, Gap 2, 4, 19 evidence, and the purport of the whole pleadings.

2. Determination

A. According to the above facts of recognition as to the cause of claim, the plaintiff's management and disposal plan is authorized and publicly notified by the head of Songpa-gu and thus, it has the nature of administrative disposition that has a specific and critical effect on the rights and obligations of the union members within the reconstruction zone.

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