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(영문) 서울중앙지방법원 2018.10.19 2018가단5078462
건물명도(인도)
Text

1. The Defendant shall deliver to the Plaintiff the real estate listed in the separate sheet.

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

Reasons

1. Relationship between the parties;

A. The Plaintiff is a reconstruction and maintenance project association (hereinafter “association”) established to remove the A apartment 17 units (hereinafter “A apartment”) located in five parcels, including the Gwanak-gu Seoul Special Metropolitan City D, and reconstruct the apartment house on its ground.

On May 18, 1995, the Plaintiff completed the registration of incorporation of the reconstruction project partnership on November 16, 2005 after obtaining the authorization from the head of Gwanak-gu Office for the establishment of a housing association.

B. Defendant B is the owner of the apartment as indicated in the attached list (hereinafter “the apartment of this case”). Defendant C is the Plaintiff’s partner, and Defendant C is currently occupying and using the apartment of this case as a lessee.

2. The defendants' duty to deliver the apartment of this case

A. Since the progress of the Plaintiff’s business had been promoting a reconstruction project with the authorization of establishment on May 18, 1995, 20 years passed since the Plaintiff’s business had been promoting the reconstruction project, the Plaintiff’s business was revoked or invalidated by the court’s decision two times or more, and all of the Western construction, gold construction, and KS construction selected as the contractor in succession as the contractor, and the Plaintiff’s business was sub-sumed with costs.

The members of the Plaintiff, who had been fluently in the operation of the former executive body, dismissed the former executive body including the president of the association at the extraordinary general meeting of July 1, 2014, and appointed a new president at the extraordinary general meeting of July 30, 2015.

With the efforts of the new enforcement department, the plaintiff has implemented a joint project with the Seoul Housing and Urban Corporation, and held an extraordinary general meeting on December 28, 2017 for the establishment of a management and disposal plan.

B. On March 8, 2018, the Plaintiff was authorized by the head of Gwanak-gu Office to authorize the management and disposal plan, and on the same day, the authorization was publicly announced.

C. The defendants' obligation to deliver the apartment of this case is below the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.

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