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(영문) 인천지방법원 2018.05.15 2016나65148
건물명도 등
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall attach the attached Form 1 to the plaintiff, and the attached Form.

Reasons

1. Basic facts

A. By December 24, 2009, the Plaintiff is the owner of each land listed in the separate sheet of land (hereinafter “instant land”). The Plaintiff is the owner of the instant land that completed the registration of ownership transfer with respect to each land listed in the separate sheet of land (hereinafter “instant land”). The Plaintiff is the person holding the right to use, profit from, and dispose of the instant building (hereinafter “instant building”) on the part of “A” connected with the instant land in sequence 1, 2, 3, 4, 5, 6, and 1, which is part of “A” (hereinafter “instant site”).

B. From December 25, 2009, the Defendant occupies and uses the instant site and buildings under the trade name “C”.

C. On May 12, 2011, the Defendant drafted a written agreement with the Plaintiff regarding the use, etc. of the instant site and buildings (hereinafter “instant agreement”), and the main contents thereof are as follows.

1. The defendant confirms that the above real estate is real estate within the prospective site for an urban development project in the zone D zone under the basic urban planning of Incheon Metropolitan City 2020, and the authorization and permission for an urban development project is in progress, and the plaintiff is a person entitled

2. The duty of the plaintiff and the defendant (1) The defendant shall not engage in any act that may limit the rights of the plaintiff or cause damage to the plaintiff, such as construction of temporary buildings, discharge of harmful substances, reclamation of wastes, transfer of the right to use the above temporary real estate.

② The Plaintiff shall notify the Defendant, at least two months thereafter, of the foregoing real estate in accordance with the schedule for the promotion of the project, and the Defendant shall immediately withdraw from the said real estate, at the same time receiving a reasonable legal compensation under the relevant statutes, such as the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects.

On May 13, 2011, the Plaintiff prepared a written confirmation to the Defendant that “the Plaintiff confirms that it is free of charge to the Defendant until the time the agreement under this case was reached” (hereinafter referred to as “instant confirmation”).

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