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(영문) 서울고등법원 2018.01.16 2017나2006137

건물명도, 토지인도 등 청구의 소

Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall enter the plaintiff in the "land" column in the attached Table 1 attached hereto.

Reasons

1. Facts of recognition;

A. The Plaintiff purchased the land from the Korea Land Trust Co., Ltd. for an urban development project and completed the registration of ownership transfer with respect to each of the 43,306/49,575 shares out of the land and 43,306/49,575 shares out of the 7 land listed in the separate sheet No. 1 on October 29, 2009, listed in the separate sheet No. 165/231 shares among the 165/231 shares among the 7 land listed in the separate sheet No. 1 on December 24, 2009, and the third land.

B. Since before the Plaintiff acquired the ownership of each of the instant lands, the Defendant owned each of the buildings listed in the column of “building” listed in the separate sheet No. 2 as indicated in the separate sheet No. 3 (hereinafter “each of the instant lands”) or installed raw materials, wastes, etc. on each of the instant lands, and used each of the instant lands by occupying and using them.

1. The Defendant confirms that part of the land (including Incheon Gyeyang-gu L and M) recorded in the attached list 1, 4, 5, and 6 (including Incheon Gyeyang-gu L and M) is real estate within the prospective site for an urban development project under the Framework Act on Urban Planning in 2020 of Incheon Metropolitan City, and the authorization and permission for an urban development project is underway, and that the Plaintiff is a person entitled to make a registration

2. Obligations of the Plaintiff and the Defendant. (2) The Plaintiff shall notify the Defendant at least two months before the project implementation schedule, and the Defendant shall immediately leave the said real estate from the said real estate upon receiving a reasonable legal compensation under the relevant statutes, such as the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects.

C. On May 11, 201, the Plaintiff drafted a written agreement with the Defendant with the main contents of the following (hereinafter “instant agreement”). D.

Meanwhile, on May 13, 2011, the Plaintiff stated that “the Plaintiff confirms that the Defendant has used land and buildings free of charge until the agreement under the instant agreement is reached.”