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(영문) 부산지방법원동부지원 2019.10.10 2019가단206164
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

Facts of recognition

The following facts are not disputed between the parties, or may be recognized by each description of Gap 1 through 5 (including a serial number), etc.

Plaintiff

The association is a housing redevelopment and consolidation project association which obtained authorization on May 18, 2005 in order to implement a housing redevelopment and rearrangement project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on the area of 100,459 square meters in Busan Nam-gu, Busan Metropolitan City, and the defendant is an owner of real estate listed in the attached list (hereinafter “instant real estate”) within the above area and is a member who applied for parcelling-out within the period of application for parcelling-out

Plaintiff

On November 13, 2017, the Cooperative received an administrative disposition plan in accordance with the Act on the Maintenance and Improvement of Urban Areas, which was publicly notified as D/D on November 15, 2017.

The defendant currently occupies the real estate of this case.

Article 42 (Application for Parcelling-Out, etc.) (4) Where a member of the Cooperative falls under any of the following subparagraphs, the Cooperative shall liquidate in cash the buildings and other rights within 150 days from the date of falling under such case:

The amount shall be calculated by calculating the arithmetic mean of the values appraised by at least two appraisers recommended by the head of the Gu.

1. An applicant for parcelling-out;

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 Persons who have withdrawn the application for parcelling-out;

3. A person excluded from objects of parcelling-out according to the authorized management and disposal plan.

Plaintiff

Part of the articles of association of a cooperative is as follows.

Maz.

(a) When an approval of the management and disposal plan under Article 78 (4) of the Act on the Determination of Grounds for Claims is publicly notified, the use and profit-making by the right holders, such as the owner, superficies, person having a right to lease, and lessee of the previous land or buildings shall be suspended pursuant to Article 81 (1); and the project implementer shall use and profit-making therefrom

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