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(영문) 수원지방법원 안산지원 2018.04.05 2017가합8378
건물명도(인도)
Text

1. The Defendants deliver to the Plaintiff the buildings listed in the attached list.

2. The costs of lawsuit shall be borne by each person;

3...

Reasons

1. Basic facts

A. The Plaintiff is the Housing Reconstruction Project Association established on August 27, 201 by holding an inaugural general meeting on August 27, 201 by owners, such as Ansan-si member D and its neighboring land, etc.

On September 19, 2011, the Plaintiff completed the registration of incorporation on September 22, 201, after obtaining authorization for establishment of a partnership for maintenance and improvement projects under Article 16 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act").

The name of the plaintiff was the E-Housing Reconstruction Project Association, but its name was changed to the A-Housing Reconstruction Project Association on July 5, 2017.

B. Defendant B owned each building listed in the separate sheet (hereinafter “instant building”) within the Plaintiff’s housing reconstruction improvement project zone, and leased the instant building to F Co., Ltd. (the representative director of Defendant C) on July 24, 2012. Defendant C is a person who operated the instant building from the above date to the mobile phone sales business.

C. On September 24, 2015, the Plaintiff obtained authorization for implementing a housing reconstruction project from the mayor of Ansan City, and the Ansan City announced it on the same day.

On April 17, 2017, the Plaintiff received a management plan for the housing reconstruction project from the mayor of Ansan-si, and the Ansan-si announced it on the same day.

E. On June 15, 2017, the Plaintiff determined and publicly announced the resettlement period from August 10 to October 31, 2017.

F. According to the Plaintiff’s association’s articles of association, a partner is obligated to make an investment in kind in a cooperative with land and buildings owned (Article 5(1)); a partner is obligated to comply with the matters to be resolved by other relevant statutes, articles of association, general meetings, etc. (Article 10(1)7); a partner to be removed due to the implementation of a project must move at his/her own expense during the implementation of the project (Article 36(1)); and a partner must move out from the relevant building within the resettlement

(Article 36, paragraph 4) is set forth.

[Reasons for Recognition]

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