건물명도
1. The Defendants shall jointly and severally pay to the Plaintiff KRW 20,031,300 and the interest rate thereon from January 26, 2017 to the date of full payment.
1. Basic facts
A. On October 5, 2012, the Plaintiff entered into a lease agreement with the Defendants on a deposit of KRW 20 million, monthly rent of KRW 600,000 (hereinafter “instant lease agreement”) with respect to a building on the ground of Yongsan-gu Seoul Metropolitan Government D (hereinafter “instant land”) (hereinafter “instant building”) of KRW 105,100 square meters, which is part of KRW 33.1 square meters (hereinafter “instant leased building”).
B. The Korea Rail Network Authority implemented a project (hereinafter “instant project”) and neighboring railway sites, including the instant land, were incorporated into the instant project site.
C. The Korea Rail Network Authority did not reach an agreement with the owners of obstacles in the instant project site, and on October 13, 2015, the head of Yongsan-gu Seoul Metropolitan Government announced the perusal of the application for adjudication of expropriation to the Central Land Expropriation Committee. Among the goods protocols, the owners of 105.1 square meters in total of the instant building are the Plaintiff.
On December 10, 2015, the Plaintiff, when the owner is secured more than a certain standard, may receive compensation for relocation measures, such as relocation expenses, and in order to secure more number of owners related to the instant project site, the Plaintiff prepared a written confirmation to the following effect (hereinafter referred to as the “written confirmation of this case”) with the Defendants to apply for compensation by making the leased part of this case owned by Defendant B as the owner of the instant project site:
The purchase price is not actually paid under the sales contract equivalent to KRW 190,000,000, which was prepared with respect to the leased building of this case, and the Korea Railroad Facility Management Corporation was prepared to submit documents necessary for the relocation measures that were promoted by the Korea Railroad Facility Management Corporation for the building before 1989.
However, when an urban regeneration project is in progress, the Defendants may have rights and obligations as a member, and they have finished the construction and registration of transfer in accordance with the above measures.