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(영문) 서울북부지방법원 2017.08.18 2016나3230
건물명도
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. The Plaintiff is a non-corporate body comprised of the owners of existing ABD for the purpose of rebuilding ABD located outside Seoul Special Metropolitan City, Nowon-gu, one parcel of land, 3,146 square meters, and the Defendant occupies the instant BD as the owner of BBD (hereinafter “instant BD”).

B. The purpose of Article 5 (1) of the Act is to supply land owned by the Plaintiff Cooperative and sell it to the Mutual Aid Association members and the general public by constructing a new building. On May 23, 2013, when holding an inaugural general meeting of the Mutual Aid Association, 2013, 45 members of the Mutual Aid Association passed through the establishment of the Mutual Aid Association, approval of the articles of association, approval of the articles of association, and the articles of association of the Mutual Aid Association with the consent of all members present at the meeting of 35 members of the Mutual Aid Association. The main contents of the above articles of association are as follows: Article 2 (Purpose) of the Act is to supply land owned by the Mutual Aid Association and construct a building in accordance with the Building Act and dispose of such land to the Mutual Aid Association members and the general public. Article 5 (1) of the Act provides trust to the Mutual Aid Association with the land owned, the Mutual Aid Association shall newly construct a new building, and the Mutual Aid Association shall allocate the rights and obligations to the Mutual Aid Association in kind or in cash in accordance with the management plan.

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