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(영문) 인천지방법원 2017.11.17 2016나65889

건물명도 등

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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 December 26, 2008, the Korea Land Trust Co., Ltd. was entrusted with regard to the land No. 1 listed in the separate sheet from G on June 21, 2006, and each registration for the transfer of ownership was made after being entrusted with the land No. 2 and 3 listed in the separate sheet from H on June 21, 2006 (hereinafter collectively referred to as “each of the above land”).

The Plaintiff purchased each of the instant lands from the Korea Land Trust Co., Ltd. for urban development projects, and thereafter completed the registration of ownership transfer on October 29, 2009 and on the land Nos. 2 and 3 in the separate sheet, respectively, on December 24, 2009.

B. On January 4, 2007, Kugjin Co., Ltd and I sold to the Korea Land Trust Co., Ltd. on December 26, 2008, the buildings of “A” part of “A” connected in sequence 1, 2, 3, 4, and 1, among each land listed in the separate sheet, purchased from G as its original acquisitor, and sold it to Korea Land Trust Co., Ltd. on December 26, 2008.

On October 27, 2009, Korea Land Trust Co., Ltd. sold the instant building to the Plaintiff.

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 of Incheon Metropolitan City in 2020, 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 11, 2011, the Plaintiff drafted a written agreement with the Defendant (hereinafter “instant agreement”) with the following content:

E. Meanwhile, the Plaintiff on the other hand.