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(영문) 의정부지방법원 2018.05.16 2017가단2922
건물명도
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. Basic facts

A. The Plaintiff is a housing redevelopment and rearrangement project partnership that obtained approval for establishment from the government market on January 31, 201 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) in order to implement a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) on the scale of 132,521 square meters in the Gu-si Seoul Special Metropolitan City.

(F) The above area was changed to 132,479.8 square meters after the above approval was granted.

With respect to the instant improvement project, the Plaintiff obtained authorization for the implementation of the project on March 31, 2015 from the Gu government market, and obtained authorization for the management and disposal plan on November 4, 2016 in accordance with the resolution of the Plaintiff’s general meeting (hereinafter “instant general meeting”) on August 27, 2016, and publicly announced the authorization for the said management and disposal plan on November 4, 2016.

C. The Defendant is the owner of the building indicated in the attached list in the improvement zone of this case (hereinafter “instant building”), and is the Plaintiff’s member who applied for parcelling-out in the procedure for application for parcelling-out as determined by the Plaintiff, and currently occupies the said building.

Plaintiff

Relevant provisions of the articles of incorporation shall be as follows:

Plaintiff

Article 44 (Application for Parcelling-Out, etc.) (1) The period for application for parcelling-out under Article 43 (4) shall be from 30 days to 60 days from the date of notification thereof.

Where it is deemed that there is no problem in formulating a management and disposal plan, the association may extend the period for application for parcelling-out within 20 days.

(4) Where a member falls under any of the following subparagraphs, the association shall liquidate in cash the buildings and other rights within 150 days from the date on which the member falls under such cases:

The amount may be consulted on the basis of an arithmetic mean of the values appraised by two or more appraisal business entities recommended by the Council market.

1. An applicant for parcelling-out or a person who has withdrawn the application for parcelling-out before the expiration of the period for application for parcelling-out: The following day;

2. An approved management and disposal plan; and

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