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(영문) 인천지방법원 2019.06.25 2018가단237953
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B: (a) real estate listed in the separate sheet;

B. Defendant D shall set forth in [Attachment List] Section 2.

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 housing for its members by removing buildings within the area of 129,599m2 in Michuhol-gu Incheon Metropolitan City (hereinafter “instant project zone”) and constructing new buildings on the site.

B. Each real estate listed in the separate sheet (hereinafter “each real estate of this case”) is within the project area of this case. Defendant B is the owner of the real estate listed in the separate sheet; Defendant D is the real estate listed in paragraph (1) of the attached sheet; Defendant F is the real estate listed in paragraph (2) of the attached sheet; Defendant G is the owner of the real estate listed in paragraph (3) of the attached sheet; Defendant H is the owner of the real estate listed in paragraph (4) of the attached sheet. Defendant H is the owner of the attached sheet indicated in the attached sheet No. 1 drawings indicated in the attached sheet No. 4 of the real estate of this case, B, C, D, and A in sequence connected each

C. The Plaintiff established a management and disposal plan regarding the A-area housing redevelopment project conducted 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 Office approved the management and disposal plan on June 19, 2017, and announced it on the same day (hereinafter “the notice”).

On November 8, 2016, the Plaintiff publicly announced that members, such as land or building owners within the instant rearrangement project implementation zone, should file an application for parcelling-out and report on the rights within a fixed period from November 14, 2016 to December 18, 2016, and from December 19, 2016 to December 31, 2016, and Defendant B, D, F, and G filed an application for parcelling-out with the Plaintiff within the said period.

E. According to the Plaintiff’s articles of incorporation, a partner bears the duty of removal and relocation by a project implementation plan (Article 10(1)7), and a partner is from the relevant building within the relocation period determined and notified by the partnership.

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