2017 Gaz. 331060 Building Names (Delivery)

A Housing Association

B

Pleadings without Oral Proceedings

January 25, 2018

1. The defendant shall be the plaintiff.

(a) deliver each of the buildings listed in Attachment 2 and the land listed in Attachment 1;

B. From September 1, 2017 to the date on which delivery of the said building and land is completed, cash shall be paid at the rate of KRW 300,000 per month.

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

3. Paragraph 1 can be provisionally executed.

The same shall apply to the order.

1. Indication of claims: To be as specified in attached Form 1;

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

Judge Park Young-young

Grounds of Claim

1. Status of the parties

(1) On July 22, 2016, pursuant to Article 11(1) and (2) of the Housing Act, the Plaintiff Union has obtained authorization to establish a housing association from the head of the Dong-gu Busan Metropolitan City (Evidence A1-1) by securing at least 80% of the housing construction site.

On December 29, 2016, the Plaintiff Union obtained a revised authorization for the addition of its members, and the number of its members is 486.486 (Evidence A 1-2).

The Plaintiff Union acquired the right to own a site equivalent to at least 95% of the current housing construction site and completed the registration of transfer, and completed the application for approval of the project plan to the head of the Dong-gu Busan Metropolitan City on June 15, 2017, and it is anticipated that the approval of the project plan will be made on November 1, 2017.

(2) The Defendant is the seller of the real estate listed in the attached list included in the instant housing construction site.

2. Part concerning the sale, etc. of the real estate of this case

(1) On March 31, 2017, the Plaintiff entered into a sales contract with the Defendant to purchase the land listed in the attached Table No. 1 and buildings listed in the attached Table No. 2 of this land, which are included in the business site, and paid the purchase price, and completed the registration of ownership transfer on May 25, 2017.

(2) 원고는 피고를 포함한 이 사건 사업부지에 포함된 건물에 거주하는 거주자들에게 '이주 일정과 관련한 협의를 위해서 조합사무실을 방문해 달라'고 여러 차례 연락하몄고, 이에 대부분의 거주자들은 조합사무실을 방문하여 이주 협의를 마치고서 이미 이주를 하였거나 이주 일정에 따른 이주 대기를하고 있습니다.

(3) However, given that minority residents, including the Defendant, did not comply with the agreement on migration with the Plaintiff, the Plaintiff sent to the Defendant, etc. a certificate of content that “the movement by the end of August” was changed from the beginning of June 2017, and on August 8, 2017, the Plaintiff again sent to the Plaintiff, etc. a certificate of content that “the relocation by the end of August,” the Defendant would be entitled to the monthly rent from September 1, 2017.”

3. Conclusion

Nevertheless, the defendant has not yet disclosed the schedule of migration, and has not complied with this state agreement with the union, so the plaintiff inevitably filed a claim for the name of the building, etc.

A person shall be appointed.