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(영문) 서울북부지방법원 2016.04.27 2015가합24151
소유권이전등기
Text

1. The defendant is based on the trust on September 4, 2008 with respect to each real estate listed in the separate sheet to the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a housing reconstruction and improvement project association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for housing reconstruction projects (hereinafter “instant reconstruction project”) consisting of housing reconstruction and improvement project districts with a size of 68,230 square meters in Jung-gu Seoul Metropolitan Government C.

B. The Plaintiff was authorized by the head of Jung-gu Seoul Metropolitan Government to establish the association on September 4, 2008, the authorization to implement the project on June 21, 2013, and the authorization to implement the management and disposal plan on January 22, 2015, respectively.

C. The Defendant owned and possessed each real estate listed in the separate sheet in the Plaintiff’s project implementation district (hereinafter “each real estate of this case”) and became a member of the Plaintiff’s association with consent to the establishment of the association.

The part relating to the claim of this case in the Plaintiff’s articles of incorporation is as follows.

Article 5 (Method of Execution) (1) Members shall invest in kind in a partnership with land and buildings owned, and a partnership shall build and supply housing, appurtenant and welfare facilities in accordance with the management and disposal plan authorized under Article 48 of the Urban Improvement Act.

Article 10 (Rights and Duties of Members) (1) Members shall have the following rights and duties:

6. Article 37 (Relocation Measures) (1) Members to be removed by a project implementation plan 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.

(5) If a person in question or a tenant fails to leave the relevant building and thereby causes any trouble in implementing a project, such as removal of existing housing, etc., the member shall be liable to compensate for all the damage incurred therefrom.

Article 41-1 (Registration of Trust, etc.) (1) A smooth promotion of a reconstruction project.

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