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(영문) 서울중앙지방법원 2017.10.27 2017가단5048631
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. Facts of recognition;

A. The Plaintiff is a reconstruction improvement project association established pursuant to the provisions of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of implementing a housing reconstruction project for the area of 30,900 square meters in Dongjak-gu Seoul Metropolitan Government (hereinafter “the instant project”) and completed authorization for establishment by the head of Dongjak-gu on November 25, 2013 after obtaining authorization for establishment from the head of Dongjak-gu on November 26, 2013.

On July 14, 2014, the Plaintiff obtained authorization for change of the establishment, and obtained authorization for project implementation on March 3, 2015. On October 27, 2016, the Plaintiff completed the public notice of the approval for the management and disposal plan on November 3, 2016.

B. The Defendant is the owner of the real estate listed in the attached list (hereinafter “instant real estate”) located within the instant business zone and is the member who consented to the promotion of the instant business.

C. The articles of association of the Plaintiff Union (hereinafter referred to as the “Articles of association”) stipulate the following:

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

1. Right to claim the sale of land or structures;

2. The right to attend and speak at the general meeting and voting rights;

3. Right to appoint officers and right to elect officers; 4. Right to elect representatives and right to elect representatives;

5. Obligations to pay expenses, such as rearrangement project costs, liquidation money, surcharges, late payment charges, late payment charges therefor, and losses incurred (including late payment of interest, delay of a contract, delay caused by a dispute between the association members, etc.);

6-2. Obligations to remove and move according to the project implementation plan;

7. Other relevant Acts and subordinate statutes, this articles of incorporation, general meetings, etc. (1) Members who have removed housing units due to an 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 resettlement period that the cooperative determines and notifies, and tenants or temporary residents shall move therein.

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