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(영문) 대구지방법원 김천지원 2018.04.11 2017가단2713
건물명도(인도)
Text

1. The defendant shall receive KRW 8,000,000 from the plaintiff at the same time, and at the same time, the plaintiff shall be 514 square meters and D.

Reasons

1. Basic facts

A. The Plaintiff is an implementer of the Si-U.S.A. Urban Development Project (hereinafter “Gu-U.S. Urban Development Project”) that is implemented in the area of 143,664 square meters in Gu-si Ewon.

B. On April 15, 2016, the Plaintiff publicly announced the designation of a land to be reserved for replotting, and determined the effective date of the designation of land to be reserved for replotting as of April 18, 2016; the land to be liquidated for money was determined as of May 18, 2016; and the land with obstacles was determined as of the day following the removal of obstacles.

C. Meanwhile, the Defendant occupies the 14 square meters of the building in the ship, which connects each point of 1,2,3,4, and 18 square meters of the attached drawings on the land of 514 square meters in Gumi-si, Gumi-si and 199 square meters of land in order to each point of 1,2,3,4, and 18 square meters of the attached drawings on the land of 18 square meters of the same section of the ship, which connects each point of 5,6, 7, 8, 9, 10, and 5 of the same drawings in sequence, 28 square meters of the building in the part of the prefabricated-si, Gumi-si, Simi-si, and the 11,12,13,14,15,111 of the same drawings (hereinafter “instant container, etc.”).

On August 18, 2016, the Defendant received compensation of KRW 22,00,000 from the Plaintiff and agreed to move out at a place until September 20, 2016, with respect to all of the ground objects including the instant container, etc., and received KRW 14,00,000,000 from the Plaintiff during the period from August 18, 2016 to February 9, 2017.

[Ground of recognition] The fact that there has been no dispute, Gap 1 through 4, 7, 8, and 9 (including the number of documentary evidence with a serial number), the purport of the whole pleadings and arguments / [the defendant's assertion that the part of "Yon 22,00,000 won (Won 22,00,000)" among the evidence No. 2 is written voluntarily by the defendant after signing and sealing it, and that the plaintiff voluntarily signed and sealed the evidence No. 2, the authenticity of the whole evidence No. 2 is presumed to have been established, and there is no evidence to prove that the plaintiff voluntarily signed and sealed the above part, and that this part of the defendant's assertion is not accepted]

2. The primary claim;

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