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(영문) 인천지방법원부천지원 2017.07.14 2016가단116109
건물명도
Text

1. The Plaintiff:

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

B. Defendant C shall be KRW 50,000,000 from the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a cooperative established on May 8, 2009 by obtaining authorization for the establishment from the Busan City Mayor on May 8, 2009 for a A-Housing Redevelopment Improvement Project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

B. On February 26, 2010, the Plaintiff: (a) obtained authorization to implement the instant redevelopment project from the Bupyeong-si mayor; (b) obtained authorization to alter the implementation of the relevant redevelopment project on July 25, 2013; and (c) obtained authorization to implement the relevant management and disposal plan on May 9, 2016; and (d) publicly announced the authorization to implement the relevant redevelopment project on May 16, 2016 in the official gazette.

C. Defendant B, as the owner of the building indicated in the attached list within the improvement zone of the instant redevelopment project (hereinafter “instant building”), acquired the status of the association member by filing an application for parcelling-out with the Plaintiff, and Defendant C leased the second floor of 72.90 square meters among the instant building (a lease agreement entered into in the name of E).

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 10 (including each number), the purport of the whole pleadings

2. According to Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), if the approval of a management and disposal plan is publicly announced, the right holder, such as the owner of the previous land or building, shall not use or benefit from the plan

According to the above facts, the authorization of the instant management and disposal plan was publicly announced on May 16, 2016, and Defendant B lost the right to use and benefit from the instant building on the second floor and the 72.90 square meters of the instant building, barring any special circumstance, Defendant C has the duty to hand over the instant building to the Plaintiff, who is the principal agent of the instant improvement project.

3. Determination as to Defendant B’s assertion

A. The gist of the claim is that Defendant B may become a cash clearing agent by failing to conclude a sales contract when the Plaintiff announced the conclusion of a sales contract in accordance with the articles of incorporation.

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