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(영문) 의정부지방법원 2018.06.14 2017가단2991
건물명도(인도)
Text

1. The Defendants shall deliver each of the buildings listed in the separate sheet to the Plaintiff.

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

Reasons

Basic Facts

A. On January 31, 2011, the Plaintiff is a housing redevelopment project partnership that has obtained authorization to establish an association from the Gu government market pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of promoting a housing redevelopment project with respect to 132,521.4 square meters in Do Government-si.

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

On March 31, 2015, the Plaintiff obtained authorization for the implementation of the housing redevelopment project from the government market on March 31, 2015, and received the authorization for the implementation of the housing redevelopment project on August 27, 2016 from the resolution of the general meeting of the Plaintiff on November 4, 2016.

C. On November 4, 2016, the Gu government market published the approval of the above management and disposal plan in the bulletin E-mail at the time of the government.

The Defendants are the members of the Plaintiff who filed an application for parcelling-out in the procedures for application for parcelling-out as the owners who own 1/2 shares in the attached list, and they occupy the above real estate located within the current housing redevelopment project zone.

E. The articles of incorporation of the Plaintiff relating to this case are as follows.

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

Provided, That where it is deemed that there is no problem in formulating a management and disposal plan, the period for application for parcelling-out may be extended 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 period for application for parcelling-out expires: The next day of the expiration of the application period

2. Persons excluded from sale under the authorized management and disposal plan: Authorization of the management and disposal plan.

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