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(영문) 수원지방법원 2019.12.12 2019나75655
건물명도(인도)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. Facts of recognition;

A. D Co., Ltd. (hereinafter “D”) is a company established for the purposes of reinforcing bars, concrete construction business, development construction business, etc. The Korea Rail Network Authority is a corporation established on January 1, 2004 for the purposes of constructing and managing railroad facilities under the Framework Act on Railroad Industry Development and the Korea Rail Network Authority Act, business incidental thereto, and acquisition and management of real estate for the said business.

B. On March 10, 1995, the Administrator of the Seoul Regional Railroad Administration under the Korea Railroad Authority (hereinafter both the Korea Rail Network Authority and the Korea Rail Network Authority (hereinafter “Korea Rail Network Authority”), which is a telegraph of the Korea Rail Network Authority, has obtained authorization for an implementation plan for the EteteM construction project (hereinafter “instant project”).

C. D On April 23, 1998, the Korea Rail Network Authority applied for the approval of the F Station transportation facilities and the donation acceptance project on the surface of 65 lots of land G G in Ansan-si in the project site of this case, and obtained the approval of the project on February 17, 200.

D d April 28, 2003

The construction of the Hdong building of five stories above ground (hereinafter “Hdong building”) was completed on the land indicated in the list in the paragraph, as shown in the attached list. On November 6, 2012, the Korea Rail Network Authority granted permission for free use of State property from May 9, 2003 to April 23, 2018 with respect to the Hdong building, the period of free use of State property from May 9, 2003 to April 23, 201. The Plaintiff completed the registration of initial ownership on March 9, 201.

E. On October 30, 2013, the Korea Rail Network Authority extended the free use period of the Hdong building from April 23, 2018 to April 26, 2018, reflecting some of the recommendations from the Anti-Corruption and Civil Rights Commission.

F. On April 26, 2018, the Korea Rail Network Authority demanded D to leave and return the said building on the grounds that the period of free use of the Hdong building has expired, and D to the Korea Rail Network Authority on May 24, 2018, on the grounds of civil petitions filed by the Minister of Land, Infrastructure and Transport and recommendation by the Minister of Land, Infrastructure and Transport.

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