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(영문) 수원지방법원 안양지원 2018.03.30 2017가단100275
건물명도(인도)
Text

1. The Plaintiff, Defendant C, D, and E, real estate listed in the separate sheet No. 1, and real estate listed in the separate sheet No. 2.

Reasons

1. Facts of recognition;

A. The Plaintiff is an association that implements a housing reconstruction improvement project (hereinafter “instant reconstruction project”) on a housing complex with 118,176.20 square meters wide ground established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). The Defendants are the owners of each relevant real estate listed in the separate sheet in the instant reconstruction project.

B. On July 27, 2016, the Plaintiff received a management and disposal plan for the instant reconstruction project, and the management and disposal plan was publicly announced on the same day.

C. Some of the Plaintiff’s members asserted the defects of the above management and disposition plan and filed a lawsuit seeking confirmation of invalidity of the resolution of the general meeting of the management and disposition (U.S. District Court 2016Guhap63744), and on February 7, 2017, the judgment of the court below that “the above management and disposition plan is revoked and the validity is suspended until the judgment of the appellate court is rendered

After all appeals filed by both parties on September 21, 2017, the appellate court (Seoul High Court 2017Nu37453) rendered a judgment that the validity of the above management and disposition plan is suspended until the judgment becomes final and conclusive.

Accordingly, on September 10, 2017, the Plaintiff established a draft amendment of the management and disposal plan taking into account the defects pointed out in the above administrative litigation, obtained the approval of the general meeting of the association members, obtained the approval of the changed management and disposal plan from the Jungcheon City on November 14, 2017, and announced the revised management and disposal plan on the same day.

E. Subsequent to the Plaintiff’s assertion that the revised management and disposition plan was also unlawful, and the Plaintiff filed a lawsuit against the Plaintiff seeking invalidation and revocation of the management and disposition plan under the Suwon District Court Decision 2017Guhap69725, and the Plaintiff filed an application seeking suspension of execution seeking suspension of execution of the revised management and disposition plan until the said judgment became final and conclusive, but the said application for suspension of execution was dismissed (the Suwon District Court Order 2017Do4082 dated December 8, 2017), and the appeal against this.

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