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(영문) 울산지방법원 2016.11.30 2016가단9185
건물인도
Text

1. The Defendants deliver to the Plaintiff the buildings listed in the attached list.

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

3...

Reasons

1. Basic facts

A. In order to implement a housing reconstruction improvement project (hereinafter “instant improvement project”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Plaintiff is a housing reconstruction improvement project association which was authorized by the head of Ulsan-gu Seoul Metropolitan Government on March 17, 2009 by the head of the Si/Gun/Gu to implement the housing reconstruction improvement project (hereinafter “instant improvement project”).

B. The Defendants are the Plaintiff’s members, who own and possess a building listed in the attached list (hereinafter “instant building”) located within the instant business zone.

(E) succeed to the membership of the E;

On January 22, 2016, the head of Ulsan Metropolitan City south-gu Seoul Metropolitan Government approved and publicly notified the management and disposal plan of the instant rearrangement project.

Plaintiff

The main contents of the articles of incorporation relating to this case are as follows:

Article 5 (Implementation Method) (1) Members shall invest in kind in a partnership with land and buildings owned, and a partnership shall build and supply multi-family housing and ancillary and welfare facilities in accordance with the management and disposal plan authorized under Article 48 of the Act on Urban Improvement.

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

6. Obligation to remove and move by the business action plan;

7. Other relevant Acts and subordinate statutes, this articles of incorporation, general meetings, etc. (1) Members to whom housing is removed due to the implementation of a project shall move at their own expense during the implementation of the project.

(4) Members of the cooperative shall move out of the relevant building within the relocation period that the cooperative determines and notifies, and shall take measures to move out together with the relevant members' responsibility if the relevant tenants or temporary residents exist.

Article 37 (Removal, etc. of Topographical Sites) (1) A cooperative may remove structures within a project implementation district after authorization of a management and disposal plan is granted.

Article 48 (Notification, etc. of Management and Disposal Plans) (2) Authorization for management and Disposal Plans shall be publicly announced.

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