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(영문) 서울동부지방법원 2018.08.22 2018가단101292
건물명도(인도)
Text

1. The Defendants shall deliver to the Plaintiff the real estate indicated in the attached Form.

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

3...

Reasons

1. Basic facts

A. The Plaintiff is a housing reconstruction and rearrangement project association established to implement a housing reconstruction and rearrangement project for A apartment (hereinafter “instant project”) at a size of 626,232.5 square meters in Gangdong-gu Seoul Metropolitan Government. The Plaintiff is a housing reconstruction and rearrangement project association approved to establish an association by the head of Gangdong-gu Seoul Metropolitan Government on December 28, 2009.

Defendant B is the owner of the attached real estate located within the project implementation district of this case (hereinafter “the apartment of this case”). Defendant C is the association member, and Defendant C occupies the apartment of this case with Defendant B’s son as an infant of Defendant B.

B. On May 2, 2017, the head of Gangdong-gu Seoul Metropolitan Government approved the management and disposal plan of the instant project (hereinafter “instant management and disposal plan”) and publicly notified on May 4, 2017.

C. On February 10, 2018, the Plaintiff made a resolution to revise the instant management and disposal plan by clarifying the details of “standards for the sale of shops, etc.,” “standards for the allocation of shops, etc., “standards for the allocation of apartment units among the shopping district members,” “standards for the allocation of applicants for parcelling-out among the shopping district members,” “standards for the calculation of the sales price at prices,” “the estimated sales price,” and “the estimated sales price,” and “the estimated sales price,” etc. on the basis of the aforementioned detailed calculation.

On April 10, 2018, the head of Gangdong-gu Seoul Metropolitan Government approved the revised management and disposal plan (hereinafter referred to as “amended management and disposal plan”) and publicly notified on April 18, 2018.

[Ground of recognition] Facts without dispute, Gap 1 through 5, 8, 9 evidence, Eul 1, 2 and 4 evidence, the purport of the whole pleadings

2. The public notice of the management and disposition plan stipulated in Article 49(3) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act”) regarding the cause of the claim is given.

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