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(영문) 대전지방법원 천안지원 2017.01.18 2016가단110419
건물명도
Text

1. The Plaintiff:

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

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

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment and consolidation project association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a housing redevelopment and rearrangement project (hereinafter “instant project”) on the scale of 24,072 square meters in ASEAN-si.

On October 1, 2008, the Plaintiff obtained authorization for the establishment of the ASEAN market on October 17, 2008, and completed the registration of incorporation on October 17, 2008.

The Defendants are owners of each relevant real estate listed in the separate sheet in the instant business zone.

B. On May 4, 2012, the Plaintiff obtained the authorization of the instant project implementation plan from the Asan market, and the said authorization was publicly announced on the same day.

C. The Plaintiff received the application for parcelling-out for the instant project thereafter, and Defendant B submitted the application for parcelling-out to the Plaintiff on March 29, 2016, and Defendant C around March 27, 2016.

On September 13, 2016, the Plaintiff received the approval of the management and disposal plan from the Asan market, and the approval was publicly notified on the same day.

E. On November 17, 2016, the Defendants sent to the Plaintiff a written notification stating that “The Plaintiff shall be deemed to be subject to settlement in cash, and the Plaintiff shall not have any intent to conclude a sales contract even if the Plaintiff withdraws the sales application and publicly notifies the sales contract period after the approval plan for the management and disposal plan.” The said written notification was delivered to the Plaintiff around that time.

F. The Plaintiff did not proceed with the procedures for concluding sales contracts by setting the period of concluding sales contracts or notifying its members of the conclusion of sales contracts until the date of closing the argument in the instant case.

G. The main provisions of the articles of incorporation of the plaintiff are as follows.

Article 10 (Rights and Duties of Members) (1) Members shall have the following rights and duties:

7. An applicant for parcelling-out shall lose his qualification for an association member within the deadline for application for parcelling-out under Article 45 (1) of the obligation to remove and move under the project execution plan;

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