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(영문) 인천지방법원 2016.11.17 2015가단224086
건물등철거
Text

1. The Plaintiff:

A. Defendant B, among each real estate listed in the separate sheet, indicate 1,2,3,4,5,6,7,8,9.

Reasons

1. Basic facts

A. The Plaintiff is the owner who acquired ownership after completing the registration of ownership transfer of all of the land in the separate sheet (hereinafter “each land of this case”) by December 24, 2009.

B. On May 12, 2011, when Defendant B had been using approximately 132 square meters of a building on the land indicated in the attached Table No. 2, Defendant B prepared a written agreement (hereinafter “instant agreement”) between the Plaintiff and the Plaintiff as indicated in the attached Table No. 2 (Provided, That on May 13, 2011, Defendant B prepared a written confirmation that “the Plaintiff confirms that the Plaintiff would use the land and building owned by the Plaintiff free of charge until the agreement under the instant agreement is reached” (hereinafter “instant written confirmation”).

C. The above building owned by Defendant B is located on the ground of 280 square meters in total of the "bb", "c", "c", and "div" parts of the building in the ship connected with each of the items in sequence of indicated in the drawings of the attached Form 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 14, 15, 16, and 180 square meters among each of the land of this case (hereinafter the above building "b", "c", and "div" are combined, and the above building is now owned and used by the Defendant C.

[Ground of Recognition: Facts without dispute, entry of Gap 1, 6 evidence, Eul 1, and 2 evidence, results of a request for surveying and appraisal to the Incheon Northern Vice-Governor of the Korea Land and Information Corporation, the purport of the whole pleadings]

2. The assertion and judgment

A. According to the Plaintiff’s assertion summary of the instant agreement and the confirmation document, the termination period during which the Defendants can use each of the instant land as a site for the instant building is May 12, 201, at the time of the instant agreement.

The Plaintiff’s failure to raise funds due to the declaration of bankruptcy due to bad loans by Busan Savings Bank, which was unexpected at the time of the agreement of this case, is in fact an urban development project of this case.

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