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(영문) 서울동부지방법원 2015.04.30 2014가단35328
건물명도등
Text

1. The Plaintiff:

A. Defendant B: (a) the real estate listed in [Attachment] Section 1;

B. Defendant Ciplomatic Association shall set forth in attached Table 2.

Reasons

1. Basic facts

A. The Plaintiff association is a reconstruction maintenance project association established to promote a reconstruction project of A apartment on the ground of 405,782.40 square meters of land outside Songpa-gu Seoul, Songpa-gu, and six parcels (hereinafter “instant apartment”), which is approved by the head of Songpa-gu Seoul Metropolitan Government to establish an association on June 12, 2003, which is approved by the head of Songpa-gu Seoul Metropolitan Government 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 notified the management and disposal plan on January 29, 2015 (hereinafter “Urban Improvement Act”).

B. Defendant B is in possession of each of the real estate listed in paragraph (1) of the attached Table No. 1, and Defendant Chyn Association is in possession of each of the real estate listed in paragraph (2) of the attached Table No. 2 (hereinafter referred to as “each of the instant real estate”), each of the said real estate is within the site for the said reconstruction improvement project, and the Defendants are commercial partners belonging 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 for recognition] Defendant B: Each entry in the confession (Article 150(3) and (1) of the Civil Procedure Act) and the whole purport of the pleadings, and each entry in the evidence No. 1, 3, 6, 7, 10, A2, 4, and 20, respectively, and each statement in the statement No. 1, 2, and 150(3) and 2.

2. Determination

(a)the cause of the claim;

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