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(영문) 창원지방법원 마산지원 2018.04.12 2017가단103019 (1)
부동산인도청구
Text

1. The Plaintiff:

(a) Defendant H is the real estate listed in Section 1 of the Schedule,

B. Defendant I is written in Section 2 of the attached Table.

Reasons

1. Basic facts

A. The Plaintiff is an association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a redevelopment project (hereinafter “instant project”) within the area of Filwon-si, Changwon-si, Muwon (103,621.76 square meters).

B. On December 15, 2015, the Plaintiff established a management and disposal plan by receiving applications for parcelling-out from the owners of land, etc. in the instant project zone, and the Changwon Mayor approved the Plaintiff’s management and disposal plan and publicly notified it on December 15,

(hereinafter referred to as “instant notice”). C.

The Defendants are the owners of each real estate listed in the separate sheet in the improvement zone (hereinafter referred to as "each real estate of this case"), who have filed an application for parcelling-out to the Plaintiff within the period of application for parcelling-out.

Plaintiff

The articles of incorporation contain the following contents:

Article 44 (Application for Parcelling-Out, etc.) (4) A cooperative shall liquidate in cash buildings and other rights within 150 days from the date it falls under any of the following subparagraphs if its members:

The amount shall be calculated by calculating the arithmetic mean of the values appraised by at least two appraisal business entities recommended by the head of a Si/Gun.

1. An applicant for parcelling-out;

2. Persons who have withdrawn the application for parcelling-out;

3. A person excluded from objects of parcelling-out according to the authorized management and disposal plan. (5) A partner shall conclude a parcelling-out contract within a period determined and notified by the partnership after the management and disposal plan is determined and notified, and paragraph (4) shall apply mutatis mutandis

At this time, the standard date for cash settlement of members who do not conclude a contract for sale shall be the following day after the period for the contract for sale expires.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 6 (including branch numbers for those with a satisfy number), the purport of the whole pleadings

2. According to Article 49(6) of the former Act on the Improvement of Urban Areas and Dwelling Conditions (amended by Act No. 14567, Feb. 8, 2017), determination on the cause of the claim may be made.

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