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(영문) 인천지방법원 2018.12.12 2018가단238161
건물명도(인도)
Text

1. The Plaintiff:

(a) Defendant B, Defendant J, and Defendant K, real estate set out in the separate sheet;

B. Defendant C shall be attached hereto.

Reasons

1. Facts of recognition;

A. Under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Plaintiff is a housing redevelopment and consolidation project association established for the purpose of improving the urban and residential environment and improving the quality of residential stability and residential life of its members by removing buildings within the 129,599m2 in Michuhol-gu Incheon Metropolitan City (hereinafter “instant project zone”) and constructing new buildings on the site.

B. Each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) is within the instant project zone, and Defendant B, Defendant J, and Defendant K succeeded to the ownership of the real estate injury on February 5, 2015, when the owner of the real estate on paragraph 1 of the attached sheet died on February 5, 2015;

Defendant C: (2) real estate indicated in the separate sheet; (3) real estate indicated in the separate sheet; (4) real estate indicated in the separate sheet; (5) Defendant F, Defendant L, and Defendant M succeeded to Defendant F, Defendant L, and Defendant M, who were their children, upon the death of July 17, 2017;

Defendant G is the Plaintiff’s partner as each owner of the real estate listed in the separate sheet No. 6, and Defendant H and Defendant I are the lessee of the real estate listed in the separate sheet No. 6.

C. The Plaintiff established a management and disposal plan concerning A-Housing Redevelopment Improvement Project implemented within the instant project zone and applied for authorization to the head of Michuhol-gu Incheon Metropolitan City.

Accordingly, the head of Michuhol-gu Incheon Metropolitan City approved the management and disposal plan on June 19, 2017, and publicly notified it on the same day (hereinafter referred to as the "public notice of this case").

Meanwhile, according to the Plaintiff’s articles of association, a partner bears the duty of removal and relocation according to a project implementation plan (Article 10(1)7), and a partner is determined by the partnership, by investing the land, building, or superficies owned in kind in the partnership (Article 5(1)).

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