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(영문) 인천지방법원부천지원 2016.06.15 2015가합103851
건물명도
Text

1. The defendant shall leave the Plaintiff from each building listed in the attached list No. 4, and each of the attached list No. 1 to 5.

Reasons

1. Indication of claim;

A. The Kimpo-si Market and B Co., Ltd. (hereinafter “B”) obtained approval of an industrial complex plan pursuant to Article 15(1) of the Act on Special Cases Concerning the Simplification of Authorization and Permission Procedures for Industrial Complexes for the joint implementation of Kimpo-si Development Project [D] (7j), and the Gyeonggi-do Governor publicly announced the said project as Gyeonggi-do Public Notice E ( April 8, 2013), Gyeonggi-do Public NoticeF ( September 10, 2013), Gyeonggi-do Public Notice G ( June 5, 2014), Gyeonggi-do Public Notice H (H. 17, 2014), respectively.

B. B, pursuant to Articles 16 and 17 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”), B entered into a compensation agreement with the I on April 2, 2015 with respect to the transfer of 4/30 shares of the land listed in Annex I (hereinafter “instant land”).

After that, B completed the registration of ownership transfer with respect to I’s 4/30 shares of the instant land among the instant land due to the compensation contract as of April 2, 2015 with I on April 21, 2015. On the same day, B entrusted the said shares to the Plaintiff, and completed the registration of ownership transfer in the future of the Plaintiff.

C. B did not reach an agreement between J, K, L, M, N, andO on the acquisition of the corresponding shares in the attached list 2 among the instant land, and the Gyeonggi-do Regional Land Expropriation Committee filed an application for adjudication with the competent local Land Expropriation Committee, and the Gyeonggi-do Local Land Expropriation Committee made an adjudication to accept the respective shares in the attached list 2 through 7 among the instant land for the said project by accepting the respective shares in the attached list 2 through 7, which are the project implementer, and the starting date of expropriation (transfer) is September 10, 2015.

B On September 10, 2015, which is the starting date of expropriation (transfer) pursuant to Article 45 of the Land Compensation Act, acquired the ownership of each share listed in attached Tables 2 through 7 among the instant land, and completed the registration of ownership transfer on September 23, 2015, and B entrusted each share to the Plaintiff on the same day, and completed the registration of ownership transfer in the future of the Plaintiff.

On the other hand, B raises objection between the defendant.

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