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(영문) 서울북부지방법원 2016.03.17 2015가단116312
건물명도
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts can be acknowledged in full view of the purport of the entire pleadings in each statement in Gap evidence Nos. 1 to 7.

The Plaintiff is an association established for a housing redevelopment improvement project with the size of 43,329 square meters in Dongdaemun-gu Seoul Metropolitan Government as a project implementation district. The Plaintiff obtained authorization from the head of Dongdaemun-gu Seoul Metropolitan Government on September 17, 2008 for the establishment of the association on September 17, 2008, project implementation authorization on September 5, 2013, and obtained approval for the implementation of the project on November 13, 2014 under Article 49 (2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act"),

B. The Defendant occupied the instant real estate located within the said project implementation district as the owner of the instant real estate, and filed an application for parcelling-out on November 9, 2013, which is within the period for application for parcelling-out (from October 14, 2013 to December 5, 2013), and revoked the application for parcelling-out around January 16, 2015.

C. On December 18, 2015, the Plaintiff notified its members of the period for concluding a sales contract from January 6, 2016 to January 11, 2016. On January 8, 2016, the Plaintiff notified its members of the extension of the period for concluding the sales contract from January 12, 2016 to March 11, 2016. In the event that the sales contract is not concluded within the period for concluding the sales contract, the Plaintiff notified its members of the fact that the period for concluding the sales contract is extended from January 12, 2016 to March 11, 2016, and the Defendant did not conclude the sales contract within the period for concluding the sales contract.

(4) A union shall liquidate in cash buildings and other rights within 150 days from the date it falls under any of the following subparagraphs, if a union member falls under any of the following subparagraphs:

The amount shall be calculated by calculating the arithmetic mean of the values appraised by two or more appraisal business entities recommended by the head of Si/

1. An applicant for parcelling-out;

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

3. Persons excluded from objects of parcelling-out according to the authorized management and disposal plan.

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