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(영문) 의정부지방법원 2017.12.07 2017가단2892
건물명도
Text

1. The Plaintiff, the Defendant B, and the Defendant C, as stated in paragraph 1 of the attached Table, are the buildings indicated in paragraph 2 of the attached Table.

Reasons

Facts of recognition

The Plaintiff is a housing redevelopment and consolidation project partnership under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) which has obtained approval for establishment from the government market in order to implement a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) in a zone A with 132,479m2, 479m2.

In accordance with the Urban Improvement Act, the Plaintiff received the authorization to implement the project on March 31, 2015 from the Gu government market, and received the application for parcelling-out from its members, and held a general meeting to formulate a management and disposal plan on August 27, 2016 (hereinafter referred to as “instant general meeting”) and passed a resolution on the management and disposal plan (hereinafter referred to as “instant management and disposal plan”), and the Gu government market was publicly announced in the official bulletin on November 4, 2016.

The defendants are the owners of each building listed in paragraph (1) of this Article, who have filed an application for parcelling-out in the procedure for application for parcelling-out as notified by the plaintiff.

Article 44 (Application for Parcelling-Out, etc.) (1) The period for application for parcelling-out under Article 43 (4) shall be from 30 days to 60 days from the date of notification.

Provided, That where it is deemed that there is no problem in formulating a management and disposal plan, the period for application for parcelling-out may be extended within 20 days.

(4) Where a member falls under any of the following subparagraphs, the Cooperative shall liquidate in cash the buildings and other rights within 150 days from the date on which he/she falls under such cases:

The amount may be consulted on the basis of an arithmetic mean of the values appraised by two or more appraisal business entities recommended by the Council market.

1. An applicant for parcelling-out or a person who has withdrawn the application for parcelling-out before the expiration of the period for application for parcelling-out: The following day;

2. A person excluded from sale under the authorized management and disposal plan: The day following the date when the management and disposal plan is authorized.

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