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(영문) 울산지방법원 2016.11.29 2016가단9055
건물인도
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached Form.

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

3.Paragraph 1.

Reasons

1. Determination as to the cause of claim

A. Fact 1) The Plaintiff as a party to the status of the Plaintiff is the business area of this case in Ulsan-gu, Ulsan-gu, 50,074 square meters (hereinafter “instant business area”).

The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”)

(2) A housing reconstruction rearrangement project under the Housing Reconstruction Project (hereinafter “instant rearrangement project”);

In order to implement the project, the housing reconstruction and improvement project association authorized by the head of Ulsan Metropolitan City on March 17, 2009 is the housing reconstruction and improvement project association. The defendant is a building in the attached Form (hereinafter “instant building”) in the project area of this case.

(2) On January 22, 2016, the head of Ulsan Metropolitan City, the head of the Nam-gu, the head of the Si/Gun/Gu approved and publicly notified the management and disposal plan concerning the instant rearrangement project.

3) Article 5 (Implementation Method) (1) of the main contents of the articles of association of the Plaintiff (Article 5) (1) A partner shall invest in a partnership with land and buildings owned, and a partnership shall construct and supply multi-family housing and ancillary and welfare facilities in accordance with the management and disposal plan authorized under Article 48 of the Urban Improvement Act. Article 10 (Members’ Rights and Duties) (

6. Obligation to remove and move by the business action plan;

7. Other relevant Acts and subordinate statutes, this articles of association, general meetings, etc., and Article 36 (Measures for Relocation of Residents) (1) Members to be removed by the implementation of a project shall move at their own expense during the implementation of the project.

(4) Members of the cooperative shall move out of the relevant building within the relocation period that the cooperative determines and notifies, and shall take measures to move out together with the relevant members' responsibility if the relevant tenants or temporary residents exist.

Article 37 (Removal, etc. of Topographical Sites) (1) A cooperative may remove structures within a project implementation district after authorization of a management and disposal plan is granted.

Article 48 (Notification, etc. of Management and Disposal Plans) (2) When approval for a management and Disposal plan is publicly announced, the former shall be made.

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