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(영문) 부산지방법원 2018. 1. 11. 선고 2017가단331114 판결
건물명도(인도)
Cases

2017 Gaz. 33114 Building Name Map (Delivery)

Plaintiff

A Housing Association

Defendant

B

Conclusion of Pleadings

Pleadings without Oral Proceedings

Imposition of Judgment

January 11, 2018

Text

1. The defendant,

A. At the same time, upon receiving KRW 35,000,000 from the Plaintiff, deliver to the Plaintiff all the two floors of the real estate indicated in the attached Table;

B. From August 15, 2017 to the date of completion of delivery of the real estate stated in the above A, the Plaintiff shall pay to the Plaintiff the amount calculated at the rate of KRW 250,000 per month.

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

3. Paragraph 1 can be provisionally executed.

Purport of claim

The same shall apply to the order.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);

Judges

Designation of Quantities of Judges

Site of separate sheet

A person shall be appointed.

Grounds for Claim

1. Status of the parties

(1) On July 22, 2016, pursuant to Article 11(1) and (2) of the Housing Act, the Plaintiff Union has obtained authorization to establish a housing association from the head of the Dong-gu Busan Metropolitan City (A) with a license of at least 80% of the housing construction site secured by the Plaintiff Union.

On December 29, 2016, the Plaintiff Union obtained a revised authorization for the addition of its members, and the number of its members is 486.486 (Evidence A 1-2).

The plaintiff union is expected to hold a right to own a site corresponding to at least 95% of the current housing construction site, complete the registration of transfer, complete the application for the approval of the project plan on June 15, 2017 to the head of the Busan Metropolitan City Dong-gu Busan Metropolitan City on June 15, 2017, and make the approval of the project plan on November 1, 2017.

(2) The Defendant is the lessee of the second floor of the building indicated in the attached list included in the instant housing construction site.

2. Part concerning the sale, etc. of the real estate of this case

(1) On March 31, 2017, the Plaintiff purchased the land located in the project site in Busan Dong-gu, Busan and the land of 225 square meters and buildings on this land (attached Form).

The owner D entered into a sales contract, paid 510,0450,000 won for purchase, and completed the registration of ownership transfer on May 25, 2017.

(2) 피고와 위 D은 2013. 3. 24. 별지 목록 기재 건물 2층 전부에 대하여보증금 3,500만원에 뭘차임 25만원으로 하고, 임대차기간을 2015. 3. 31.까지로 하는 임대차계약을 체결하였고, 피고는 2013. 3. 31부터 현재까지 이곳에 거주하고 있습니다.

(3) The Plaintiff, including the Defendant, visited the partnership office several times to the residents of the building located in the instant project site, who reside in the building located in the instant project site, for consultation with the schedule of relocation.

(4) However, since the Defendant did not have any contact, the Plaintiff sent to the Defendant a certificate of content that the Plaintiff sent to the Defendant around the beginning of June 2017 (the end of August, 2017, and the Defendant shall be entitled to the monthly rent from August 15, 2017 to the association. The Plaintiff again sent a certificate of content that “the smooth cooperation with respect to the migration is properly made.”

3. Conclusion

Nevertheless, the defendant has not yet disclosed the schedule of migration (the plaintiff has not complied with the agreement of migration with the plaintiff). Therefore, the plaintiff has been forced to file a claim for the name of building, etc.

Finally.

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