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(영문) 서울북부지방법원 2016.05.11 2015가단28170
건물명도
Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

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

3...

Reasons

1. Facts of recognition;

A. On April 21, 2009, the Plaintiff is a housing redevelopment and consolidation project association that has obtained approval to establish the association from the head of Seongbuk-gu Seoul Metropolitan Government (hereinafter “instant disposition”) pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

B. On April 11, 2013, the Plaintiff obtained authorization from the head of Seongbuk-gu Seoul Metropolitan Government to implement the Seongbuk-gu Seoul Metropolitan Government 89,853.40 square meters, and was authorized to implement the management and disposition plan on December 22, 2014 (hereinafter “instant management and disposition plan”). This was publicly notified on December 26, 2014.

C. The Defendant occupied the instant building as the owner of the building indicated in the attached list within the instant implementation zone (hereinafter referred to as “instant building”), and filed an application for parcelling-out with the Plaintiff on August 2, 2013, which is within the period for application for parcelling-out (from June 7, 2013 to August 26, 2013), and withdrawn the application for parcelling-out around March 2, 2015.

The articles of incorporation of the plaintiff relating to the application for parcelling-out shall be as follows:

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

(4) Where a member falls under any of the following subparagraphs, a cooperative shall liquidate in cash buildings and other rights within 150 days from the date of falling under such case:

The amount shall be calculated by calculating the arithmetic mean of the values appraised by at least two appraisers recommended by the head of the Gu.

1. An applicant for parcelling-out;

2. Persons who have withdrawn the application for parcelling-out;

3. Persons excluded from the objects of parcelling-out under the authorized management and disposal plan. (5) Members shall conclude a parcelling-out contract within the period of concluding the parcelling-out contract determined and notified by the partnership after authorizing the management and disposal plan, and the provisions of paragraph (4) shall apply mutatis mutandis

The plaintiff set the period of sales contract up until now.

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