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(영문) 인천지방법원 2015.09.18 2015가합53472
소유권이전등기
Text

1. The defendant shall be the plaintiff.

A. As to the real estate listed in the separate sheet, it is based on the trust of November 23, 2010.

Reasons

1. Basic facts

A. The Plaintiff is a housing reconstruction and rearrangement project association established to implement a reconstruction project of a complex of A apartment on the ground of 74,974 square meters in Seo-gu Incheon Metropolitan City, Seo-gu (hereinafter “instant apartment”).

The Defendant is the Plaintiff’s member as the owner of the real estate listed in the attached list, which is a kindergarten building in the apartment of this case (hereinafter “instant real estate”).

B. On November 23, 2010, the Plaintiff obtained authorization for establishment from the head of Seo-gu Incheon Metropolitan City, and completed the registration of incorporation on the 29th of the same month.

The Plaintiff received the approval of the project implementation plan on June 19, 2013 from the head of Seo-gu Incheon Metropolitan City and the approval of the management and disposal plan on January 22, 2015, respectively.

C. On February 9, 2015, the Plaintiff published a public announcement of the relocation and trust registration plan (hereinafter “the instant trust registration term”) to the members, including the Defendant, “The members, pursuant to Articles 37 and 37-1 of the Plaintiff’s articles of association, move from March 16, 2015 to August 31, 2015 (hereinafter “the time limit for relocation”), and the relocation plan and trust registration application documents from February 23, 2015 to March 8, 2015.”

The Plaintiff’s articles of association (hereinafter “instant articles of association”) shall invest in kind the land and ground materials owned in the association with respect to the partner’s obligation to invest in kind. The association members in the project implementation district shall build and supply the apartment houses and ancillary welfare facilities according to the management and disposal plan authorized under Article 48 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

Article 37 (Measures for Relocation of Residents) (1) Members to be removed due to 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, if the relevant tenants or temporary residents exist.

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