Cases
2017Gaz. 331121 Building Name Map (Delivery)
Plaintiff
A Housing Association
Defendant
B
Conclusion of Pleadings
Pleadings without Oral Proceedings
Imposition of Judgment
December 22, 2017
Text
1. The defendant shall be the plaintiff.
A. At the same time, the Plaintiff received KRW 5,000,000 from the Plaintiff, and at the same time, the two floors of the real estate indicated in the separate sheet are expressed;
B. From August 15, 2017, to the completion date of the above order, money shall be paid at the rate of 300,000 won per month.
2. The costs of the lawsuit are assessed against the defendant.
3. Paragraph 1 can be provisionally executed.
Purport of claim
The same shall apply to the order.
Reasons
1. Indication of claims: It shall be as shown in attached Form; and
2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);
Judges
Judges Kim Sung-sung
Site of separate sheet
Cheongwon of the Gu
1. Status of the parties
(1) On July 22, 2016, pursuant to Article 11(1) and (2) of the Housing Act, the Plaintiff Union has obtained authorization to establish a housing association from the head of the Dong-gu Busan Metropolitan City (Evidence A1-1) by securing at least 80% of the housing construction site.
After that, on December 29, 2016, the Plaintiff Union obtained authorization for modification to prevent additional prevention of association members, and on December 29, 2016, the number of association members is 486 (No. 1-2).
On June 15, 2017, the Plaintiff Union acquired the ownership of a site equivalent to at least 95% of the current housing construction site, completed the registration of transfer, and completed the application for approval of the project plan to the head of the Dong-gu Busan Metropolitan City Office on June 15, 2017.
(2) The Defendant is the lessee who has leased all the second floor of the building indicated in the separate sheet included in the instant housing construction site.
2. Part concerning the sale, etc. of the real estate of this case
(1) On April 27, 2017, the Plaintiff entered into a sales contract with the owner D in order to purchase the land located in the project site, Busan East-gu, Busan Metropolitan City, a large of 83 square meters and buildings on this land (attached Form) and paid the purchase price, and completed the registration of ownership transfer on May 12, 2017.
(2) On May 8, 2014, the Defendant and the above D entered into a lease agreement with the deposit deposit of KRW 300,000,000,000 for monthly rent of KRW 5 million, and the lease term until May 19, 2016. The Defendant is residing in this place from May 20, 2014 to this date.
(3) The Plaintiff, including the Defendant, contacted several times to the residents of the building located in the instant project site by visiting the partnership office to consult with the schedule of relocation, and most of the residents have visited the partnership office to move after completing the relocation consultation, and are waiting to move or move in accordance with the schedule of relocation.
(4) 그런데, 피고를 포함한 소수의 거주자들은 원고와의 이주 협의에 응하지 않고 있으므로, 원고는 피고 등에게 2017. 6. 초경 '8월말까지 이주해 달라'는내용의 내용증명을 발송했고, 2017. 8. 4. 피고 등에게 '8월 15일부터 뭘세를 조합에서 받겠다. 이주에 관하여 원만한 협조를 당부드린다'는 내용의 내용증명을 재차 발송하였습니다.
The defendant promised to move until June 16, 2017, but is refusing to move without complying with the promise on the ground that there is no money.
3. Conclusion
Therefore, the plaintiff inevitably leads to the plaintiff's claim for the name of the building against the defendant Doz.
A person shall be appointed.