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(영문) 인천지방법원부천지원 2016.02.03 2015가합103172
건물명도
Text

1. The defendant shall be the plaintiff.

(a) deliver each real estate listed in Appendix 1’s Schedule;

(b) annex 2 obstacles.

Reasons

1. Facts of recognition;

A. The execution of a general industrial complex development project and the acquisition of the Plaintiff’s ownership are 1) Kimpo-market and B Co., Ltd. (hereinafter “B”).

(2) Article 15(1) of the Act on Special Cases Concerning the Simplification of Authorization Procedures for Industrial Complex Development (C general industrial complex) is a project implementer who has obtained approval of an industrial complex plan pursuant to Article 15(1) of the Act on Special Cases Concerning the Simplification of Authorization Procedures for Industrial Complex to jointly implement Kimpo-si General Industrial Complex Development (D). The Gyeonggi-do Governor publicly announced the said industrial complex plan [The Gyeonggi-do Public Notice E (F) of the Gyeonggi-do Public Notice F ( September 10, 2013), Gyeonggi-do Public Notice G ( June 5, 2014), Gyeonggi-do Public Notice G (H ( July 17, 2014)] B of the Gyeonggi-do Public Notice (hereinafter referred to as “each real estate of this case”)]. B acquired each real estate of this case from I on March 20, 2015, and completed the registration of ownership transfer from the Plaintiff on April 9, 2015, each of the real estate of this case.

B. B’s payment of compensation for losses to the Defendant 1) The Defendant indicated each of the obstacles in the separate sheet No. 2 obstacles existing in each of the instant real property (hereinafter “instant obstacles”).

(2) On May 14, 2015, B entered into an agreement with the Defendant to the effect that “the Defendant shall voluntarily take each of the instant obstacles, etc. by July 31, 2015, in receiving KRW 38,428,920 as compensation for losses incurred from the transfer of each of the instant obstacles, etc.,” and that the Defendant paid the full amount of the above compensation for losses to the Defendant on May 29, 2015 pursuant to the said agreement.

C. Although the Defendant did not perform his duties, the Defendant did not take all obstacles to the possession of each of the instant real estate until now.

[Ground of recognition] Unsatisfy, A(1) through (3)

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