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(영문) 서울동부지방법원 2015.04.23 2014가단34318
부동산명도등
Text

1. The defendant shall deliver to the plaintiff each real estate listed in the separate sheet.

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

3...

Reasons

1. Facts of recognition;

A. The Plaintiff obtained authorization from the head of Songpa-gu Seoul Metropolitan Government for the establishment of a housing reconstruction project (hereinafter “instant reconstruction project”) on June 12, 2003, the authorization for the implementation of the project on April 1, 2008, the authorization for the implementation of the project on December 26, 2013, and the authorization for the implementation of the project on January 27, 2015, respectively, from the head of Songpa-gu Seoul Metropolitan Government, for the purpose of implementing the housing reconstruction project (hereinafter “instant reconstruction project”). The said authorization for the management and disposal plan was publicly announced on January 29, 2015.

B. The Defendant is the owner of each real estate listed in the separate sheet (hereinafter “each real estate of this case”). Each real estate of this case is located within the said reconstruction project zone, and the Defendant is the commercial partner who belongs to the Plaintiff.

C. Article 32(1) of the Articles of Incorporation effective from the date of authorization to establish the Plaintiff’s association provides that “A partner to be removed from a house due to a project implementation shall move at his/her own expense during the project implementation.” Article 32(4) of the same Act provides that “A partner shall move from the relevant house within the relocation period determined and notified by the association, and if a tenant or a temporary resident exists, he/she shall take measures to leave the house

On June 18, 2014, the Plaintiff publicly announced that the period from July 7, 2014 to August 8, 2014 should be set up and move to a member of a commercial building in accordance with the provisions of the above Articles of Incorporation and the resolution of the general meeting.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 6, 7, Gap evidence Nos. 2, 4, and 19, respectively, 1, 2, and the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the Plaintiff’s management and disposal plan is authorized and publicly notified by the head of Songpa-gu, thereby having the nature of administrative disposition that may specifically and definitely affect the rights and obligations of the union members within the reconstruction zone, and is valid unless there are special circumstances, such as the above management and disposal plan is void or cancelled automatically.

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