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(영문) 서울서부지방법원 2017.11.02 2016나37390
건물명도
Text

1. Revocation of the first instance judgment.

2. The defendant shall provide the plaintiff with each building listed in the annexed list 1 through 6.

Reasons

1. Facts of recognition;

A. On August 22, 2014, the Plaintiff established for a housing redevelopment and rearrangement project, passed a management and disposal plan (hereinafter “instant management and disposal plan”) by holding a general meeting of the management and disposal plans, and the Defendant owned the buildings listed in the list 1 through 6 of the real estate attached to the rearrangement zone in which the Plaintiff implements the project (hereinafter “each of the instant buildings”) and the land on the ground.

However, the plaintiff did not undergo the procedure to receive the application for parcelling-out except for the defendant subject to parcelling-out in the instant management and disposal plan.

B. The president of Mapo-gu authorized the instant management and disposition plan on December 8, 2014, and announced it on March 12, 2015.

C. On April 3, 2015, the Defendant filed a lawsuit against the Plaintiff seeking the revocation of the instant management and disposition plan (Seoul Administrative Court 2015Guhap59679). On April 22, 2016, the Defendant rendered a judgment that “The part of the instant management and disposition plan against the Defendant, on the grounds that the part of the Defendant, who determined the Defendant as a person subject to cash settlement without undergoing the procedures for filing a parcelling-out application, should be revoked on the grounds that it should be revoked illegally.”

The Plaintiff granted an opportunity to apply for parcelling-out to the Defendant in accordance with the purport of the judgment above, and received an application for parcelling-out from April 27, 2016 to May 27, 2016, and the Defendant applied for parcelling-out to the Defendant on May 25, 2016.

E. On July 25, 2016, the Plaintiff: (a) held an extraordinary general meeting on July 25, 2016 and allocated the “4 of the land for religious facilities” by reflecting the Defendant’s above application for parcelling-out; (b) decided on the implementation period of the instant management and disposal plan, required project costs, housing total floor space, etc.; and (c) decided on the management and disposal alteration plan (hereinafter “instant management and disposal alteration plan”); and (d) on October 13, 2016, the head of Mapo-gu authorized the instant management and disposal alteration plan on October 13

F. From September 2016, the Plaintiff consulted with the Defendant for the sales contract.

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