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(영문) 서울북부지방법원 2016.07.07 2014가단35560
건물명도
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a non-corporate body comprised of the owners of existing Amra for the purpose of rebuilding Amra, located in Seoul Special Metropolitan City, Nowon-gu, one parcel outside of 3146 square meters, and the Defendant occupies the instant Bmra as the owner of Bmra (hereinafter “instant Bmra”).

B. The Plaintiff Association’s establishment and approval process for a project plan is as follows: (a) while promoting a reconstruction project by establishing a committee of promoters from around 2010 to build a new building; (b) on May 23, 2013, when holding the inaugural general meeting of the Association, all of the existing 45 members were present at the meeting of 35 members and passed through the agenda such as establishment of the association, approval of its articles of association, and approval for the head of the association with the consent of all the members present at the meeting of 35 members; (c) on the basis of the above articles of association, the purpose of this case is to supply land owned by the association members (trust) and construct a building in accordance with the Building Act to sell it to the association members and the general public; (d) on the 3rd anniversary of the total floor area of the building; (e) on the 4th anniversary of the total floor area of the building; (e) on the 14th anniversary of the total floor area of the building; and (e) on the 14th of the building site designated by the association.

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