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(영문) 인천지방법원 2019.01.16 2018가단210415

건물명도(인도)

Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

B. From February 1, 2018, the above-mentioned A

subsection (b).

Reasons

1. Facts of recognition;

A. The Plaintiff is an association established under the Urban Development Act on September 23, 2009 for the purpose of urban development projects of Yeonsu-gu Incheon Metropolitan City C Members (hereinafter “instant urban development project”).

B. D completed the registration of ownership transfer on February 5, 2002 with respect to buildings listed in the attached list (hereinafter “instant building”) located within the instant urban development project zone.

C. On January 11, 2018, the Plaintiff entered into an agreement on compensation for losses, including the content that the right to use and benefit from the instant building belongs to the project implementer under this contract and that it is possible to carry out the project. D. The Plaintiff entered into an agreement on compensation for losses.

On December 29, 2017, the Plaintiff obtained authorization of a land substitution plan from the head of Yeonsu-gu Incheon Metropolitan City, with respect to the instant urban development project, and designated and announced the land substitution plan on January 15, 2018.

The effective date of the designation of reserved land for replotting is January 30, 2018.

E. The Defendant is under possession and use of the instant building while operating a secondhand furniture store with the trade name “E” in the instant building.

F. The amount equivalent to the rent after February 1, 2018 for the instant building is KRW 1,510,488 per month.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, result of the commission of appraisal of rent to F Co., Ltd. by this court, purport of the whole pleadings

2. Determination

A. If necessary for implementing an urban development project, an implementer of an urban development project to determine the cause of the claim may designate land in an urban development zone as reserved land for replotting (Article 35(1) of the Urban Development Act). If reserved land for replotting is designated, the owner of the previous land and the lessee, etc. may exercise the same rights as before with regard to the reserved land for replotting or corresponding portion from the effective date of designation of reserved land for replotting to the date of public announcement