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(영문) 울산지방법원 2017.01.20 2016가단9024
건물인도
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. Facts of recognition;

A. The Plaintiff (hereinafter “Plaintiff association”) is a housing reconstruction and rearrangement project association that obtained authorization from the head of Ulsan Metropolitan City on March 17, 2009 to implement a housing reconstruction and 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”) in Ulsan-gu, Ulsan-gu (hereinafter “instant improvement zone”), and the Defendant is a member of the Plaintiff association, who owns and occupies a building listed in the attached list in the instant improvement zone (hereinafter “instant building”).

B. On January 22, 2016, the head of Ulsan Metropolitan City south-gu announced the management and disposition plan on the instant rearrangement project.

C. The main contents of the articles of association of the Plaintiff Union 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) When approval for a management and Disposal plan is publicly announced, the former shall be made.

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