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(영문) 인천지방법원 2018.08.29 2017가단256902
건물명도(인도)
Text

1. The Plaintiff:

(a) Defendant (Appointed Party) is the real estate listed in the separate sheet No. 1;

(b) Appendix C shall be as shown in Appendix 2.

Reasons

1. Facts of recognition;

A. Under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Plaintiff is a redevelopment and maintenance project association established for the purpose of improving the urban and residential environment and improving the residential stability and quality of residential life of its members by removing the buildings from H and 343 lots of land in Bupyeong-gu Incheon Metropolitan City (hereinafter “instant project zone”) and constructing new buildings on the site.

The Defendant (Appointed Party, hereinafter “Defendant”) is the Plaintiff’s member who owns real estate listed in the attached Table 1 list (hereinafter “instant real estate”) located within the instant business area.

The designated parties are the lessees who have leased part of the building of this case from the Defendant, the designated parties C are the real estate listed in the separate sheet No. 2, the designated parties D are the real estate listed in the separate sheet No. 3, the designated parties E are the real estate listed in the separate sheet No. 4, the designated parties F are the real estate listed in the separate sheet No. 5, and the designated parties G are each leased and used.

B. On December 28, 2015, the Defendant applied for parcelling-out to the Plaintiff.

The plaintiff set up a management and disposal plan based on the application for parcelling-out by the members, including the defendant, and applied for a management and disposal plan.

Accordingly, on November 22, 2016, the head of Bupyeong-gu Incheon Metropolitan City (hereinafter referred to as "the notice of this case") made an administrative disposition plan and announced it on the same day (hereinafter referred to as "the notice of this case").

C. Meanwhile, according to the Plaintiff’s articles of association, a partner bears the duty to remove and move land, buildings, or superficies owned by the partner in kind to the partnership (Article 5(1)), and a project implementation plan.

(Article 10(1)7) / [Grounds for recognition] 1, 2-4, 3 through 8, and the purport of the whole pleadings.

2. Assertion and determination

A. At the time of the public notice of this case under the main sentence of Article 81(1) of the former Act, the former Act on the Improvement of Urban Areas and Dwelling Conditions for Residents on February 8, 2017.

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