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(영문) 부산지방법원 서부지원 2018.02.23 2017가단106488
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Basic facts

A. On January 21, 2008, the Plaintiff is a housing redevelopment and rearrangement project partnership established with authorization from the head of the Busan Metropolitan City office on January 21, 2008 for the implementation of the housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) with the area of 40,018 square meters in Busan Seo-gu C, Busan, and the Defendant is a person who owns real estate listed in the attached list (hereinafter “instant building”) within the instant rearrangement project zone and has occupied the said building up to the present day.

B. On July 18, 2016, the Plaintiff obtained the authorization from the head of the Gu of the Gu of the Gu, and the head of the Gu of the Amnesty publicly announced it as D’s notification on July 20, 2016.

C. On August 3, 2016, when the Plaintiff publicly announced the application for parcelling-out to the members of the instant rearrangement project, the Plaintiff received the application for parcelling-out from that time to September 9, 2016, and the Defendant applied for parcelling-out to the Plaintiff on September 5, 2016.

On December 27, 2016, the Plaintiff held a general meeting on December 27, 2016 and applied for the approval of the management and disposal plan. On February 9, 2017, the approval was obtained from the head of the Gu, and the approval of the management and disposal plan was publicly notified on February 10, 2017.

E. Meanwhile, the main provisions of the articles of incorporation of the plaintiff are as follows.

Article 10 (Rights and Duties of Members) (1) Members shall have the following rights and duties:

7. The duty to remove and move under the project execution plan. Article 11 (Loss of Qualification of Members) (2) An applicant for parcelling-out shall lose his qualification for an association member within the deadline for application for parcelling-out under Article 44 (1

Article 37 (Removal, etc. of Site) (1) A cooperative may remove structures, structures, etc. in a project implementation district after the approval of the management and disposal plan is granted.

Article 45 (Application, etc. for Parcelling-Out) (2) An association member who intends to acquire land or a building shall specify the details of ownership in an application for parcelling-out, and shall submit to the association evidentiary documents proving his/her rights, such as a certified copy of the register of land

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