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(영문) 수원지방법원 성남지원 2018.05.30 2017가단231835
건물명도(인도)
Text

1. The Defendants shall order the Plaintiff to indicate the real estate indicated in the attached Form.

2. The costs of lawsuit are assessed against the Defendants.

Reasons

1. Facts of recognition;

A. On May 30, 2014, an urban development project is being implemented in accordance with procedures, such as notification D of Sungnam-si, Sungnam-si, Sungnam-si, where real estate marked with the indication of the attached real estate (hereinafter “instant building”) is located, the designation of an urban development zone was made with respect to a lot of approximately 920,000 square meters in the area of the Dong-dong, Seonam-gu, Sungnam-si, and the announcement of the development plan (e.g., notification E, June 15, 2015), the designation of a project implementer (e., August 19, 2015, Non-Party Sungnam-nam), the public announcement of land tax items (F, September 17, 2015, the alteration of the urban development zone (an amendment), the public notification of the approval of an implementation plan (G, and November 8, 2016).

B. On December 14, 2017, Sungnam, a project implementer, acquired the ownership of the instant building and the land located in the said building owned by Defendant A through consultation and adjudication procedures for expropriation, and concluded a real estate security trust contract with the Plaintiff on December 18, 2017.

C. Defendant A, while running the business of “H” on June 20, 2001, completed business registration by making the instant building the location of the business place, and Defendant B, around February 21, 2014, completed business registration by making the instant building the location of the business place and its principal office as the instant building, and the Defendants occupied the said building, such as keeping and displaying art works in the instant building.

[Ground of recognition] Facts without dispute, Gap's entries in Gap's Evidence Nos. 1, 2, 3, 5 through 9, 13 through 16 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the Defendants are obligated to order the Plaintiff to order the instant building, barring special circumstances.

B. The defendants' assertion and judgment (1) are not only required for the transfer of art works in the building of this case but also for the value decline due to the transfer of the works. Thus, the reasonable transfer cost and the cost of the transfer.

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