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(영문) 인천지방법원 2017.06.30 2016나64930

토지인도

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On December 22, 2009, the Plaintiff purchased from the Korea Land Trust Co., Ltd. on December 22, 2009 the Incheon Gyeyang-gu Forest land B 9,521 square meters (hereinafter “instant land”) and completed the registration of ownership transfer on December 24, 2009.

B. The Defendant constructed a building for the purpose of housing use on the 69m2 of the attached appraisal map among the land in this case, which connects each point of 13, 14, 15, 16, and 13 among the land in this case before the Plaintiff acquired the ownership of the land in this case, and owned a building for the purpose of toilet use (hereinafter “each of the buildings in this case”) on the 1m2 of the attached appraisal map, which connects each point of 17, 15, 18, 19, and 17 in sequence, each point of 17, 15, 18, 19, and 17, and uses the portion of the attached appraisal section 69m2, which connects each point of 13, 14, 15, 16, and 13m2 in sequence, each point of 17, 15, 18, 19, and 17.

C. Meanwhile, the monthly rent from December 24, 2009 to June 10, 2016 as to each of the possession areas of the instant case is as follows, and the rent from June 11, 2016 thereafter is ratified as KRW 142,240 per month.

(B) Between December 24, 2009 to December 24, 2010, KRW 140,840 on December 24, 2010 to December 25, 2011 to December 24, 2011; KRW 167,790 on December 25, 201 to December 25, 2011; KRW 182,140 on December 24, 201 to December 25, 2012; KRW 184,00 on December 25, 201 to December 25, 2013 to December 174, 209 to December 25, 2013; KRW 15,00 on December 25, 2014 to December 215, 2015 to 15, respectively, 2015 to 25.215.215

2. The Defendant’s judgment on the previous defense on the instant land is that an urban development project to be promoted by the Plaintiff is a part of the public works execution district project based on Article 2 subparag. 2 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”). Thus, the instant lawsuit is subject to civil litigation.