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(영문) 의정부지방법원 2017.12.13 2017가합220
건물명도
Text

1. The Plaintiff:

A. Defendant B: The real estate listed in the separate sheet No. 2;

B. Defendant C shall be listed in the separate sheet No. 6.

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment and rearrangement project partnership with approval for establishment on January 31, 201 from the government market pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) in order to implement housing redevelopment and rearrangement projects (hereinafter “instant rearrangement projects”) on a scale of 132,521 square meters in the Gu-Si Council-si, Do.

(F) The above area was changed to 132,479.8 square meters after the above approval was granted.

With respect to the instant improvement project, the Plaintiff obtained authorization for the implementation of the project on March 31, 2015 from the Gu government market, and obtained authorization for the management and disposal plan on November 4, 2016 in accordance with the resolution of the Plaintiff’s general meeting (hereinafter “instant general meeting”) on August 27, 2016, and publicly announced the authorization for the said management and disposal plan on November 4, 2016.

C. The Defendants are the owners of each building listed in the separate sheet in the improvement zone of this case, who have filed an application for parcelling-out in the procedures determined by the Plaintiff for parcelling-out, and currently occupy the pertinent building.

Plaintiff

Article 44 (Application for Parcelling-Out, etc.) (1) The period for application for parcelling-out under Article 43 (4) shall be from 30 days to 60 days from the date of notification thereof.

Where it is deemed that there is no problem in formulating a management and disposal plan, the association may extend the period for application for parcelling-out within 20 days.

(4) Where a member falls under any of the following subparagraphs, the association shall liquidate in cash the buildings and other rights within 150 days from the date on which the member falls under such cases:

The amount may be consulted on the basis of an arithmetic mean of the values appraised by two or more appraisal business entities recommended by the Council market.

1. An applicant for parcelling-out or a person who has withdrawn the application for parcelling-out before the expiration of the period for application for parcelling-out: The following day;

2. A person excluded from the objects of parcelling-out under the authorized management and disposal plan: The following day of obtaining the authorization of management and disposal plan.

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