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(영문) 창원지방법원 마산지원 2018.12.18 2018가단2489
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

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

3...

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff’s act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement redevelopment projects.

(2) The building in the separate sheet (hereinafter referred to as “instant building”) shall be

(2) On October 16, 2017, the original city approved and publicly notified the management and disposal plan of the Plaintiff pursuant to Article 78 of the Urban Improvement Act.

3) The Defendant, as the owner of the instant building, filed an application for parcelling-out with the Plaintiff within the period for application for parcelling-out. 4) The Plaintiff’s articles of incorporation contain the following

Article 44 (Application for Parcelling-Out, etc.) (4) A cooperative shall liquidate buildings and other rights in cash within 150 days from the date it falls under any of the following subparagraphs, if a member of the cooperative falls under any of the following subparagraphs:

The amount shall be calculated by calculating the arithmetic mean of the values appraised by at least two appraisal business entities recommended by the Mayor.

1. An applicant for parcelling-out;

2. Persons who have withdrawn the application for parcelling-out;

3. A person excluded from the objects of parcelling-out under the authorized management and disposal plan. (5) A partner shall conclude a contract for parcelling-out within the date determined by the partnership after authorizing the management and disposal plan, and shall liquidate in cash.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 to 5, the purport of the whole pleadings

B. Where the competent administrative agency publicly notifies an approval plan for the management and disposal of a cooperative, a right holder, such as the owner, superficies, leaseer, etc. of the previous land or building, may not use or profit from the previous land or building until the date of the public announcement of transfer under Article 86 of the Urban Improvement Act, and the project implementer may use or benefit from the land or building (see, e.g., Supreme Court Decisions 201Da62561, Jul. 24, 2014; 2012Da62561, 62578, etc.). Therefore, the Defendant, as the project implementer, is the Plaintiff who acquired the right to use or benefit from the building

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