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(영문) 창원지방법원 마산지원 2018.03.27 2017가단103040
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B: (a) the real estate listed in [Attachment] Section 1;

B. Defendant C shall set out in attached list 2.

Reasons

1. Facts of recognition;

A. The Plaintiff is a cooperative established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a redevelopment project.

B. On December 15, 2015, the Changwon market approved and publicly notified the Plaintiff’s management and disposal plan.

(hereinafter referred to as “instant notice”). C.

The Defendants applied for parcelling-out to the Plaintiff within the period of application for parcelling-out as the owners of each real estate listed in the attached list (hereinafter referred to as “instant real estate”) in the improvement zone.

Plaintiff

The articles of incorporation contain the following contents:

Article 44 (Application for Parcelling-Out, etc.) (4) A cooperative shall liquidate in cash buildings and other rights within 150 days from the date it falls under any of the following subparagraphs if its members:

The amount shall be calculated by calculating the arithmetic mean of the values appraised by at least two appraisal business entities recommended by the head of a Si/Gun.

1. An applicant for parcelling-out;

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 Persons who have withdrawn the application for parcelling-out;

3. A person excluded from objects of parcelling-out according to the authorized management and disposal plan. (5) A partner shall conclude a parcelling-out contract within a period determined and notified by the partnership after the management and disposal plan is determined and notified, and paragraph (4) shall apply mutatis mutandis

At this time, the standard date for cash settlement of members who do not conclude a contract for sale shall be the following day after the period for the contract for sale expires.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1-5 (including virtual number), and the purport of the whole pleadings

2. According to Article 49(6) of the former Act on the Determination of Grounds for Claims (Amended by Act No. 14567, Feb. 8, 2017); when a management and disposal plan is authorized and publicly announced, the owner, superficies, persons having rights, such as the owner, superficies, leaser, etc. of the previous land or structure may not use or benefit from the previous land or structure until the date of public announcement of transfer under Article 54 of the same Act; and the project implementer shall not implement the project.

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