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(영문) 인천지방법원 2015.11.11 2015가단227511
건물명도
Text

1. The Defendant shall deliver to the Plaintiff the real estate indicated in the attached list of real estate.

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

Reasons

1. Facts of recognition;

A. On November 30, 2009, the Mayor of Incheon Metropolitan City designated and publicly notified a zone to be rearranged for A apartment house reconstruction as a zone for A apartment house reconstruction improvement in accordance with Article 4 (4) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.

B. The Plaintiff Union obtained authorization from the head of Seo-gu Incheon Metropolitan City head of the Gu to establish the housing reconstruction association on November 23, 2010, and completed the establishment registration on November 29, 2010.

C. As a project implementer, the Plaintiff Union obtained authorization for the implementation of the management and disposition plan from the head of Seo-gu Incheon Metropolitan City on June 19, 2013, and held a general meeting to formulate the management and disposition plan on December 20, 2014 and confirmed the proposal. On January 22, 2015, the authorization for the management and disposition plan was publicly announced as D of Seo-gu Incheon Metropolitan City on the same day after obtaining authorization from the head of Seo-gu Incheon Metropolitan City.

Plaintiff

On February 9, 2015, the Mutual Association sent each notice to the Mutual Association members of the Plaintiff Mutual Aid Association to inform the Mutual Aid Association members of the fulfillment of their obligations to move and register trust in accordance with the articles of association of the Mutual Aid Association. On the same day, the Mutual Aid Association notified the Mutual Aid Association members of the fulfillment of their obligations to move and register trust in accordance with the articles of association of the Mutual Aid Association.

In addition, the Plaintiff Union notified the relocation by posting the banner on the registration of “trust” and the commencement of relocation within the apartment complex.

E. The Defendant is the E’s spouse, who is a member of the Plaintiff Union, and resides in the real estate listed in the separate sheet (hereinafter “instant real estate”). As to the instant real estate, the Plaintiff Union completed the registration of ownership transfer on March 13, 2015 due to the trust held on February 23, 2015.

F. Of the articles of incorporation of the Plaintiff Union, the contents pertaining to this case are as follows.

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

7. The duty to remove and move by the project implementation plan shall be Article 37 (Measures for Relocation);

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