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(영문) 인천지방법원 2017.11.17 2016나65551

건물명도

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1. The part concerning the monetary claim in the judgment of the court of first instance against the defendant exceeding the following amount ordered to be paid.

Reasons

1. Basic facts

A. On June 22, 2006, the Korea Land Trust Co., Ltd. (hereinafter “instant land”) registered the transfer of ownership with a trust of 2,866 square meters in Gyeyang-gu, Incheon (hereinafter “instant land”).

The Plaintiff purchased the instant land from the Korea Land Trust Co., Ltd. for an urban development project, and completed the registration of ownership transfer on December 24, 2009.

B. On June 21, 2006, the Plaintiff purchased a building without permission on the part of “A” in the attached Form No. 1, 2, 3, 4, and 1 among the instant land from D, the original acquisitor.

C. Before May 201, the Defendant occupied and used the instant building.

1. The defendant confirmed that the building in this case is real estate within the prospective site for an urban development project under the basic urban planning in 2020 of Incheon Metropolitan City, and the permission for an urban development project is in progress.

2. The Plaintiff and the Defendant’s duty (2) The Plaintiff must notify the Defendant at least two months prior to the need to specify the instant building according to the project implementation schedule, and the Defendant shall immediately leave the said building at the same time with the payment of reasonable legal compensation under relevant statutes, such as the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects.

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

E. On the other hand, on May 13, 2011, the Plaintiff drafted a written confirmation to the Defendant that “the Plaintiff confirms that the Defendant uses the instant building without compensation until the agreement is reached pursuant to the instant agreement” (hereinafter “instant written confirmation”).

F. On August 7, 2014, the Plaintiff notified the Plaintiff of the delivery of the instant building to the Defendant and return the benefits of use (hereinafter “instant notification”).