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(영문) 서울동부지방법원 2015.09.16 2015나22191
부동산명도등
Text

1. The defendant's appeal is dismissed.

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

3. Correction of the purport of the claim in the trial.

Reasons

1. The reasons for the court's explanation concerning this case are as follows: "The defendant owns 1/2 shares in the real estate listed in the separate sheet of the court of first instance, and possesses the above real estate, namely, the part 104 square meters in the ship connecting each point of the real estate indicated in the separate sheet of the court of first instance (hereinafter "the real estate of this case") and the part 48.86 square meters in the separate sheet of the court of first instance (hereinafter "the real estate of this case"), and the real estate of this case is located within the above rebuilding project area, and the defendant is a commercial member belonging to the plaintiff. The real estate of this case is located within the above rebuilding project area, and the real estate of this case is changed to "the corresponding part" of the third 8, and the "each real estate of this case" of the first 18 is changed to "the defendant", and the defendant's assertion and the judgment of the defendant added in the judgment of the court of first instance as stated in the separate sheet of the court of first instance and the judgment are added.

The defendant asserts that the head of Songpa-gu Office is null and void of a management and disposition plan which was approved on January 29, 2015 and publicly notified by him/her, and thus, he/she cannot comply with the plaintiff's request for extradition. However, the defendant's obligation to deliver the real estate of this case arises according to the articles of association and the resolution of the general meeting, regardless of

B. In the first instance, the Defendant asserts that the Plaintiff did not receive lawful application for parcelling-out for the members of the commercial building and did not perform the obligation to compensate for losses to the members of the commercial building, so it cannot comply with the Plaintiff’s request for extradition. However, as seen earlier, the Defendant is obligated to deliver the instant real estate located in the business area to the Plaintiff according to Article 32 of the Articles of Incorporation of the Plaintiff Association and the resolution of the general meeting, and the Plaintiff is obligated to receive the application for parcelling-out or compensate for losses

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