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(영문) 서울북부지방법원 2018.08.22 2017가합28300
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

Facts of recognition

The Plaintiff is a housing redevelopment and consolidation project association established to implement a housing redevelopment and rearrangement project (hereinafter referred to as the “instant rearrangement project”) with the Seongbuk-gu Seoul Metropolitan Government 153,501 square meters of land as a project implementation district.

After receiving the authorization for project implementation from the head of Seongbuk-gu Seoul Metropolitan Government, the Plaintiff was subject to the authorization for project implementation on February 24, 2017, and the head of Seongbuk-gu Seoul Metropolitan Government announced the approval for the management and disposal plan on March 2, 201

The defendant, as the owner of the building indicated in the attached list in the improvement zone of this case (hereinafter referred to as the "building of this case"), applied for the application for parcelling-out in accordance with the procedure for application for parcelling-out as determined by the plaintiff, and has occupied

Plaintiff

Relevant provisions of the articles of incorporation shall be as follows:

Article 45 (Application for Parcelling-Out, etc.) (1) The period for application for parcelling-out under Article 44 (4) shall be between 30 and 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 of the association falls under any of the following subparagraphs, the association shall liquidate in cash land, buildings or other rights within 150 days from the date classified as follows:

The amount may be consulted on the basis of the arithmetic mean of the values appraised by at least two appraisal business entities recommended by the head of Seongbuk-gu.

1. An applicant who has failed to apply for parcelling-out or has withdrawn the application for parcelling-out before the expiration of the period for application for parcelling-out: The day following the expiration of the period for application for parcelling-out

2. A person excluded from sale in accordance with the management and disposal plan authorized under Article 48 of the Act: The day following the date the management and disposal plan is authorized.

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