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(영문) 서울서부지방법원 2019.12.06 2018가단205943
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

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

3...

Reasons

1. The cause of the claim and the cause of the judgment of the plaintiff are as shown in the annexed sheet (including the cause of the additional claim). It may be recognized by considering the whole purport of the pleadings in each entry in Gap evidence Nos. 1 through 8.

2. Judgment on the defendant's dispute

A. On June 30, 2014, the Plaintiff: (a) determined the period of application for parcelling-out from July 7, 2014 to September 4, 2014; and (b) publicly announced the period of application for parcelling-out on September 5, 2014 to September 24, 2014; (c) notified the Plaintiff of an additional period of application for parcelling-out from September 5, 2014 to September 24, 2014; (d) the Plaintiff did not individually notify its members, including the Defendant, of the extension of the period of application for parcelling-out as above; and (e) this constitutes a serious and obvious defect; and (e) the instant management and disposal plan is void as a matter of course.

B. Determination 1) The main text of Article 46(1) of the former Act provides that “A project implementer shall notify the owners of land, etc. of the outlined charges, the period for application for parcelling-out, and other matters prescribed by the Presidential Decree.” The proviso provides that “Where a project implementer deems that there is no difficulty in formulating a management and disposal plan under Article 48(1), the period for application for parcelling-out may be extended by up to 20 days.” (2) There is no dispute between the parties as to the fact that the Plaintiff did not individually notify the members, including the Defendant

However, according to the following circumstances, it is reasonable to interpret that the project implementer should individually notify the owners of land, etc. of the period for application for parcelling-out extended under the main sentence of Article 46(1) of the former Act even when the project implementer extends the period for application for parcelling-out.

(1) The main sentence of Article 46 (1) of the former Act shall notify the owners of land, etc. of the period of application for parcelling-out.

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