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(영문) 인천지방법원 2018.05.15 2016나60792

건물명도 등

Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall be the plaintiff from among the 1,818 square meters before Incheon Gyeyang-gu.

Reasons

1. Basic facts

A. On June 21, 2006, the Plaintiff purchased the land of Gyeyang-gu Incheon Metropolitan City I and purchased the land as purchase price of KRW 9,631.80,00,000 (payment of down payment and remainder within December 28, 2006) and then concluded a trust agreement with a State agency and a trust agreement with a trust company for the sale and purchase of real estate in the urban development project, including the building of KRW 1,2,3,4, and 261,000,00 (hereinafter “instant building”) connected in sequence 1,2,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000).

B. Since then, with respect to the instant land, the Korea Land Trust Co., Ltd. completed the registration of ownership transfer due to the trust as of June 22, 2006, No. 36760, which was received on June 21, 2006, and the Plaintiff completed the registration of ownership transfer due to sale as of December 24, 2009, No. 74459, which was received on December 22, 2009, by the same registry office.

C. The Defendant has occupied and used the instant building before the Plaintiff acquired the ownership of the instant land.

On May 12, 2011, the Plaintiff drafted a written agreement (hereinafter “instant agreement”) containing the following contents with the Defendant:

1. The Defendant confirms that the instant site is real estate within the prospective site for K urban development project under the 2020 basic urban planning of Incheon Metropolitan City, and the authorization and permission for an urban development project is in progress, and the Plaintiff is a person entitled to make a registration

2. The plaintiff and the defendant's duty (2) If the plaintiff needs to clarify the site of this case according to the business promotion schedule, the plaintiff shall be notified to the defendant not later than two months thereafter.