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(영문) 인천지방법원 2019.03.20 2018가단221958
건물명도(인도)
Text

1. The Defendant, among the land size of 13861 square meters in Seo-gu Incheon Metropolitan City, shall in sequence indicate 1, 2, 3, 4, and 1 of the annexed drawings.

Reasons

1. Facts of recognition;

A. The Plaintiff is a concessionaire of the H Housing Site Development Project (hereinafter “instant project”) with respect to the area of 11,188,000 square meters in Seo-gu Incheon Metropolitan City Ddong, Edong, Fdong, G Dong, and G Dong (hereinafter “instant project district”).

B. The Seo-gu Incheon Special Metropolitan City Forest Land (hereinafter “instant land”) located in the instant project district was jointly owned by I (8/9 shares) and J (1/9 shares). However, on June 22, 201, the Plaintiff’s transfer registration for shares was completed on the ground of expropriation on June 15, 201, and on October 25, 201 for J shares, the Plaintiff completed the transfer registration for shares on October 25, 201.

C. The Defendant, as the spouse of J, owns 95 square meters in the Simenb block roof housing as indicated in the Disposition No. 1, and 25 square meters in a wooden and steel materials fence, wood and steel materials dog, 10 square meters in a warehouse, wood dog, wood dog, warehouse, and 7 square meters in a warehouse (hereinafter “instant ground object”) on the instant land.

On January 23, 2014, the Central Land Tribunal rendered a ruling of expropriation with the content that compensation for obstacles to the ground surface of the instant land, including the instant water, shall be KRW 14,736,520, and the commencement date of expropriation shall be March 18, 2014.

On March 18, 2014, the Plaintiff deposited KRW 14,736,520 on the ground that the obstacles were unregistered buildings without permission and the genuine owner cannot be identified without negligence.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 5 (including paper numbers), the purport of the whole pleadings

2. Assertion and determination

A. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to deliver or remove the instant ground to the Plaintiff, and to deliver to the Plaintiff the pertinent part of the instant land where the ground is located.

B. The Defendant’s assertion 1) The Defendant’s reasonable compensation on the instant ground is paid, and the Plaintiff’s claim cannot be accepted prior to being paid the director’s expenses. 2) The judgment is on the ground.

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