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(영문) 부산지방법원동부지원 2019.12.05 2019가단210194
건물명도(인도)
Text

1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.

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

3.

Reasons

1. The following facts of recognition are not disputed between the parties or may be acknowledged by taking into account each entry in Gap evidence 1 to 5, the whole purport of the pleadings, etc.

Plaintiff

The association is a housing redevelopment development project partnership which obtained authorization on May 18, 2005 to implement a housing redevelopment project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act") on the area of 100,459 square meters in Nam-gu, Busan Metropolitan City. The Defendants are co-owners who own one half of the real estate listed in the attached list (hereinafter referred to as the "building in this case") within the above zone and filed an application for parcelling-out within the period of application for parcelling-out executed by the Plaintiff association.

B. On November 13, 2017, the Plaintiff Cooperative received an administrative disposition plan in accordance with the Act on the Maintenance and Improvement of Urban Areas, which was publicly notified on November 15, 2017 as Busan Southern-gu Public Notice E.

C. Part of the articles of association of the Plaintiff Union is as follows.

Article 42 (Application for Parcelling-Out, etc.) (4) Where a member of the Cooperative falls under any of the following subparagraphs, the Cooperative shall liquidate in cash the buildings and other rights within 150 days from the date of falling under such case:

The amount shall be calculated by calculating the arithmetic mean of the values appraised by at least two appraisers recommended by the head of the Gu.

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 Persons who have withdrawn the application for parcelling-out;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

2. Determination:

(a) When an approval of the management and disposal plan under Article 78 (4) of the Act on the Determination of Grounds for Claims is publicly notified, the use and profit-making by the right holders, such as the owner, superficies, person having a right to lease, and lessee of the previous land or buildings shall be suspended pursuant to Article 81 (1); and the project implementer shall use and profit-making therefrom

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