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(영문) 의정부지방법원 2017.12.08 2017가단7392 (1)
건물명도
Text

1. The defendant shall deliver to the plaintiff the real estate listed in the annexed sheet No. 14.

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

3.

Reasons

1. Basic facts

A. On January 31, 2011, the Plaintiff is a housing redevelopment project partnership that has obtained authorization to establish an association from the Gu government market pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of promoting a housing redevelopment project with respect to 132,521.4 square meters in U.S. in Dong-si.

(F) The above area was changed to 132,479.8 square meters after the above approval was granted.

With respect to the above housing redevelopment project, the Plaintiff obtained authorization for the implementation of the project on March 31, 2015 from the Gu government market, and was subject to the resolution of the Plaintiff’s general meeting on August 27, 2016, and was subject to the authorization for the implementation plan on November 4, 2016.

C. On November 4, 2016, the Gu government market published the approval plan for the management and disposal in the official bulletin at the time of the government. D.

The defendant is the plaintiff's member who has filed an application for parcelling-out in the procedure for application for parcelling-out notified by the plaintiff as the owner of the real estate listed in the attached Table 14.

E. The articles of incorporation of the Plaintiff relating to this case are as follows.

Article 44 (Application for Parcelling-Out, etc.) (1) The period for application for parcelling-out under Article 43 (4) shall be between 30 and 60 days from the date of notification thereof.

Provided, That where it is deemed that there is no problem in formulating a management and disposal plan, the period for application for parcelling-out may be extended within 20 days.

(4) Where a member falls under any of the following subparagraphs, the association shall liquidate in cash the buildings and other rights within 150 days from the date on which the member falls under such cases:

The amount may be consulted on the basis of an arithmetic mean of the values appraised by two or more appraisal business entities recommended by the Council market.

1. An applicant for parcelling-out or a person who has withdrawn the application for parcelling-out before the period for application for parcelling-out expires: The next day of the expiration of the period

2. A person excluded from the objects of parcelling-out under the authorized management and disposal plan: The following day of obtaining authorization of the management and disposal plan.

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