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(영문) 인천지방법원 2016.11.29 2014가단259245
건물명도 등
Text

1. The defendant shall be the plaintiff.

A. Of each land listed in the separate sheet, the annexed sheet Nos. 1, 2, 3, 4, 5, 6, 1 shall be attached in sequence.

Reasons

1. Facts of recognition;

A. On December 24, 2009, the Plaintiff is the owner of each parcel of land listed in the separate sheet (hereinafter “instant land”) as the Gyeyang District Court’s receipt of the Gyeyang Branch No. 74459 on December 24, 2009, which completed the registration of ownership transfer with respect to each parcel of land listed in the separate sheet (hereinafter “instant land”). The Plaintiff is the holder of the right to use, profit from, and dispose of the above portion of “A” connected in sequence 1, 2, 3, 4, 5, 6, and 1 among the above land (hereinafter “instant building”).

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 under the Basic Urban Planning D Basic Urban Planning Act, and is in progress an urban development project authorization and permission, and the plaintiff is a person entitled to registration and

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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