beta
(영문) 인천지방법원 2016.11.24 2014가단257188

건물명도

Text

1. The defendant shall be the plaintiff.

A. Of the size of 2866 square meters prior to Incheon Gyeyang-gu, the attached drawing marks 1, 2, 3, 4, and 1 are successively connected.

Reasons

Basic Facts

A. The Plaintiff is the owner of land located within the land transaction permission zone from December 24, 2009.

On June 2006, the Plaintiff acquired the right to use and benefit from the building on the ground along with the above land from Nonparty D.

On the other hand, the defendant has been occupying the above building from the previous to the present date along with its site.

(b) Preparation of a written agreement of the original defendant;

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 in 2020, and the authorization for an urban development project is in progress, and the plaintiff is a person entitled to

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 at the same time with the payment of legitimate legal compensation under relevant statutes, such as the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects.

The Plaintiff drafted a written agreement with neighboring occupants including the Defendant in May 201, which included the following contents, and agreed to the Defendant’s free use of the said building by a certain time.

C. The Plaintiff initially planned an implementation plan for 2012 as the time of authorization and commencement, and had the intention to implement an urban development project in the real estate unit. However, the Plaintiff was in progress for a considerable period of time due to the parent company’s bankruptcy practice, such as restriction on the parent company’s bankruptcy practice.

On February 14, 2014, the Korea Deposit Insurance Corporation, around 2013, acquired the Plaintiff's assets for the protection of depositors of the above parent company, and the Incheon Metropolitan City announced the designation of an urban development zone for the real estate unit on February 14, 2014.

(F) The Plaintiff is the Defendant around August 6, 2014.