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(영문) 인천지방법원 2016.11.29 2014가단259283

건물명도 등

Text

1. The defendant shall be the plaintiff.

A. Of the land listed in the separate sheet No. 1, the Attached Form No. 2, 5, 6, 91, 90, and 2 shall be attached in sequence.

Reasons

1. Facts of recognition;

A. On December 24, 2009, the Plaintiff is the owner or disposal authority of each parcel of land listed in the separate sheet (hereinafter “instant land”) as of December 24, 2009. Of the land listed in the separate sheet No. 1, the Plaintiff is an unauthorized building on the ground of 117 square meters in sequence, which connects (c) part of the attached sheet No. 2, 5, 6, 91, 90, and 2 of the land listed in the separate sheet No. 1 in the separate sheet, and a building without permission which connects (d) part (d) of the attached sheet No. 92, 95, 94, 93, and 92 in sequence among the land listed in the separate sheet No. 1 in the separate sheet and the land listed in the separate sheet No. 2 in the separate sheet, each of the above sites is collectively referred to as “each of the instant building site,” and each of the above buildings is referred to as “the owner or disposal authority of each of the instant building.

B. Since before December 25, 2009, the Defendant occupies and uses the land of this case and each building, and the land of this case (a) part of the attached Table Nos. 6, 7, 8, 96, 95, 92, 91, and 6 in sequence among the land of this case listed in the attached Table No. 1 as “C” (hereinafter “the land of this case”).

C. On May 11, 2011, the Defendant drafted a written agreement with the Plaintiff regarding the use, etc. of each of the instant sites and buildings, and the instant part of the land (A) (hereinafter “instant agreement”), and the main contents are as follows.

1. The defendant confirms that the above real estate is real estate within the prospective site for an urban development project under the basic urban planning of Incheon Metropolitan City 2020, and the authorization and permission for an urban development project is in progress, and the plaintiff is also the person entitled to registration

2. The duty of the plaintiff and the defendant (1) The defendant shall not engage in any act that may limit the rights of the plaintiff or cause damage to the plaintiff, such as construction of temporary buildings, discharge of harmful substances, reclamation of wastes, transfer of the right to use the above temporary real estate.

② The Plaintiff’s above real estate according to the business promotion schedule.