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(영문) 서울동부지방법원 2014.01.17 2012가단54363
건물명도
Text

1. The plaintiff

A. Defendant B delivers the buildings listed in attached Form 1 (No. 310, Dong 310);

B. Defendant C is subject to Attached Form 2.

Reasons

1. Facts of recognition;

A. The Plaintiff Union is an association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 11293, Feb. 1, 2012) to implement a reconstruction project for A apartment units built on the ground of Gangdong-gu Seoul Metropolitan Government and two lots of land.

Defendant B is the building listed in attached Form 1 (3 Dong 310), Defendant C is the building listed in attached Form 2 (8 Dong 306), Defendant D is the building listed in attached Form 3 (17 Dong 11), Defendant E is the building listed in attached Form 4 (17 Dong 410), Defendant F is the owner of attached Form 5 (24 Dong 408).

B. On October 8, 2009, the Plaintiff Union obtained consent from the owners of A apartment including the Defendants, and completed the establishment registration on October 19, 2009 with the approval of the housing association from the head of Gangdong-gu Seoul Metropolitan Government.

C. On November 7, 2010, the Plaintiff Union decided a project implementation plan with the total project cost of KRW 1,030,295,856,000, which was approved by the head of Gangdong-gu on April 5, 2011.

Plaintiff

In order to establish a management and disposal plan based on the above project implementation plan, the Cooperative has received applications for parcelling-out from its members from June 4, 201 to August 12, 201.

However, as a result of the application for parcelling-out, 360 households in case of 24 square types, and 47 members in case of 33 square types are found to be unable to purchase a desired deliberative sentence.

Plaintiff

On November 26, 2011, the Cooperative decided to revise the project implementation plan with the total project cost of KRW 1,053,005,193,00.

Plaintiff

A union passed a resolution on the "case of the formulation of a management and disposal plan (draft)" referred to in subparagraph 4 on the same day, and was subject to the above resolution by the head of Gangdong-gu Office on January 9, 2013, and the head of Gangdong-gu notified the management and disposal plan on January 16, 2013.

E. The Plaintiff Union obtained a project implementation plan change from the head of Gangdong-gu Office on January 22, 2013 according to the resolution of the general meeting under the preceding paragraph.

F. The Plaintiff Union on June 17, 2013

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