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(영문) 수원지방법원안양지원 2017.12.22 2017가합102438
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

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

3...

Reasons

1. Basic facts

A. The Plaintiff is a rearrangement project association established to implement a housing redevelopment improvement project whose members of Ansan-si D as a rearrangement zone, and was authorized to establish an association on July 27, 2009 from Ansan-si.

The land specified in paragraph (1) of the attached Table 1 in the above improvement zone is jointly owned by Defendant 2/3 and the Intervenor joining the Defendant (hereinafter referred to as “C”), and the Defendant owns a building specified in paragraph (2) of the attached Table 2.

(hereinafter referred to as “the above land” is the land of this case, “the above building”. B.

On December 6, 2010, the Gyeyang-gu Mayor determined the implementation period for the rearrangement project as 48 months from the date of authorization for the implementation of the project, and publicly announced it on the same day (hereinafter referred to as the "Initial authorization for the project implementation").

C. On January 31, 201, the Plaintiff announced the period of application for parcelling-out to the members for parcelling-out from February 21, 2011 to March 22, 2011, and extended the period of application for parcelling-out to April 11, 201. The Defendant became an object of cash settlement by failing to apply for parcelling-out.

However, the Plaintiff did not make a cash settlement within 150 days from April 12, 201.

On September 12, 2013, the Ansan City changed the implementation period of the improvement project to 48 months from the date of authorization for the implementation of the project, and publicly notified it on the same day (hereinafter referred to as the "public notified of authorization for the implementation of the project").

E. On November 4, 2013, the Plaintiff: (a) determined the period for application for parcelling-out to the period from November 4, 2013 to December 4, 2013, and publicly announced the application for parcelling-out to the association members; (b) extended the period for application for parcelling-out to December 14, 2013; and (c) the Defendant became an object of cash settlement by failing to apply for parcelling-out.

However, the Plaintiff did not liquidate cash within 150 days from December 15, 2013.

F. On November 4, 2015, the Ansan City approved the management and disposal plan and announced it on the same day.

G. On October 2, 2015, the Plaintiff: (a) from October 2, 2015 to October 23, 2015 to the Defendant.

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