logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2020.05.01 2019나2030981 (1)
건물명도
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) and the Defendants are dismissed.

2. The appeal cost is the Defendant (Counterclaim Plaintiff) and the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff is the Plaintiff’s status as the party concerned. The Plaintiff is the Seoul Northern-gu Seoul Northern-gu 59,465 square meters (hereinafter “instant redevelopment area”).

2) Under the Housing Redevelopment Project Act (hereinafter “instant redevelopment project”);

On March 22, 2012, the head of Gangseo-gu Seoul Metropolitan Government (hereinafter referred to as the "head of Gangseo-gu") for the purpose of implementing the plan.

(2) The Defendant Foundation is the owner of each building indicated in the separate sheet Nos. 1, 2, and 3 (hereinafter collectively referred to as “each building of this case”) located within the instant redevelopment area, and the respective building site and Qir religious site (hereinafter collectively referred to as “the instant religious site, etc.”) of the above building site and 336 square meters (hereinafter collectively referred to as “the instant religious site, etc.”). The Defendant Cridge (hereinafter referred to as the “Defendant church”) is the owner of each building indicated in the separate sheet Nos. 1 and 2, and the Defendant E occupies and uses each building listed in the separate sheet No. 3, and the Defendant D Association (hereinafter referred to as the “Defendant Association”) is the owner of each building indicated in the separate sheet No. 4 drawings No. 1, 2, 3, 4, 5, 6, and 1 in sequence among the 1st floor of the building listed in the separate sheet No. 1 list. hereinafter referred to as the “Defendant Association”).

B. The contents of the Plaintiff’s articles of incorporation relating to the instant case are as follows.

Article 5 (Methods of Execution) (1) Members shall invest in kind in a cooperative with land, buildings or superficies owned by them, and the cooperative shall construct and supply the housing, appurtenant and welfare facilities in accordance with the management and disposal plan authorized under Article 48 of the Act, or supply them as substitute land under Article 43 (2) of the Act.

Article 9 (Qualification, etc. for Cooperative Members) (1) Members shall be the owners of land or buildings within the project implementation district or persons with superficies thereof (hereinafter referred to as "owners of land, etc.").

Article 10 (Rights and Duties of Members) (1) Members shall be:

arrow