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(영문) 수원지방법원 안산지원 2018.01.10 2017가단58598
토지인도
Text

1. The plaintiff (Appointed)'s claim against the defendants is dismissed.

2. The costs of lawsuit are assessed against the Plaintiff (Appointed Party).

Reasons

1. Basic facts

A. On December 3, 2005, Defendant C, one of the co-owners of 15,531 square meters (hereinafter “the instant land”) prior to Silung-si, D (hereinafter “the instant land”), was leased the instant land by setting the rent of KRW 18,00,000 per annum (payment before January of the next year), from the date of delivery of the lease term to December 2, 2006 (hereinafter “the instant lease”). The instant land and the building owned by himself adjacent thereto, etc. were newly constructed and operated in the name of Defendant B Co., Ltd. (hereinafter “Defendant Company”).

B. After that, as the instant land and the instant E land were designated as a special management area pursuant to the Special Act on Public Housing, the Si Reconstruction City notified the Defendants, the Plaintiff (Appointed Party), and the designated parties of a corrective order to take corrective measures, imposition of charges for compelling compliance, etc. on the grounds that the Defendant Company newly built the instant land and the building without following lawful permission or reporting, etc. on the said land and the instant E land.

C. On June 2, 2017, the Plaintiff (Appointed) notified the Defendants of the termination of the lease of this case on the grounds that the aforementioned corrective order was given prior notice, and sought removal of illegal buildings and delivery of land until June 30, 2017.

On June 15, 2017, the Si Reconstruction City ordered the defendants, the plaintiffs (appointed parties) and the appointed parties to restore to their original state by July 17, 2017.

【Ground for recognition】 The fact that there is no dispute, each entry of Gap 1-6 evidence, the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion is that the Defendants breached the duty of care of a specific delivery obligor under Article 374 of the Civil Act by newly constructing an illegal building on the instant land designated as a special management area pursuant to the Special Housing Act. The Defendants, at the request of the Defendants, ordered the Defendants to pay the car in installments twice a year by reducing the car to KRW 16 million.

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