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(영문) 수원지방법원안양지원 2016.10.12 2016가단106047
건물명도
Text

1. The Plaintiff:

A. Defendant B: (a) the real estate listed in Appendix 1.3;

B. Defendant C is listed in Appendix 2.3.

Reasons

1. Determination as to the cause of claim

A. In fact, the Plaintiff obtained authorization for the establishment of a housing reconstruction project association on April 6, 2012, the authorization for the establishment of a project on June 17, 2015, and the authorization for the implementation of a management and disposition plan on March 22, 2016, which was established for the purpose of implementing a housing reconstruction improvement project by making the housing reconstruction project district of 114,50 square meters in Docheon-si D, Dongcheon-si, as the project implementation district.

Defendant B is the Plaintiff’s member as the owner of the real estate listed in attached Table 1.3, and Defendant C is the owner of the real estate listed in attached Table 2.3.

The Defendants filed an application for parcelling-out on August 30, 2015.

On January 10, 2016, the Plaintiff passed a resolution at the general meeting of the partnership to the effect that “the matters concerning the relocation plan (the submission of the relocation plan, the period of relocation), etc. shall be delegated to the board of directors in accordance with the resolution, and the union members who do not submit the relocation plan within the period prescribed by the union shall be deemed to have no intention of relocation and shall proceed

Plaintiff

On February 22, 2016, the board of directors of a cooperative shall make a resolution on the period of relocation from March 30, 2016 to July 29, 2016 (4 months) and the submission of a resettlement plan from February 29, 2016 to March 18, 2016, and notified the members of the cooperative of such details on February 25, 2016.

The articles of incorporation and the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) stipulate as follows:

[Plaintiff Association Articles of Incorporation] 5 (Implementation Method) (1) An association member shall invest in the land and building owned by it in kind, and a association shall build and supply multi-family housing and ancillary welfare facilities in accordance with the management and disposal plan authorized under Article 48 of the Urban Improvement Act.

Article 9 (Rights and Duties of Members) (1) Members shall have the following rights and obligations:

6. Obligation to remove and move by the business action plan;

7. Other matters to be resolved by the relevant Acts and subordinate statutes, the articles of association, the general meeting, etc. (4) Members shall move out of the housing within the resettlement period determined and notified by the association, and tenants.

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