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(영문) 서울고등법원 2014.12.18 2014나2008842
건물명도
Text

1. Plaintiff 1, among the parts against the Defendant in the judgment of the court of first instance, falls under the following amounts:

Reasons

Basic Facts

On June 26, 2006, the Minister of Construction and Transportation designated and publicly announced the members of the Jung-gu, Sungnam-gu and D as the planned area for national rental housing complex, and designated the plaintiff as the project implementer.

On July 25, 2007, the Plaintiff agreed with the Defendant to acquire 1,707 square meters in total of 1,140,811,630 square meters in compensation for each of the said lands, including the land listed in paragraph (1) of the attached Table owned by the Defendant in the said project district (hereinafter “instant land”). Around that time, the Plaintiff completed the registration of ownership transfer for each of the said lands.

On both the instant land and J land, the name of the co-defendant B (hereinafter “B”) of the first instance court, the Defendant, but there was a building listed in the attached Table No. 2 (hereinafter “instant building”) owned by the Defendant.

The defendant around October 15, 2007 between the plaintiff and the plaintiff around October 15, 2007.

The attached drawings indicating 1, 2, 3, 4, 5, 6, 7, 95.22 square meters (a) inboard (a) connected each point of 1st, 63.72 square meters, 2nd, 31.50 square meters in the building of this case; hereinafter “the part subject to removal of the building of this case”) and related obstacles, which are located on the land of this case acquired through consultation, shall be paid a total of 207,832,270 won from the Plaintiff, and the attached drawings indicating 1, 22, 3, 4, 5, 6, 7, 95.22 square meters (a) connected each point of 1st, 63.72 square meters in the order of 208 or by the date separately designated by the Plaintiff.

On October 24, 2007, the Plaintiff deposited KRW 207,832,270 to the deposit account in the name of B, and paid the above compensation to the Defendant.

Around March 7, 2008, the Defendant sold L, including the instant building, the land, buildings, etc. for KRW 2.9 billion, and completed the registration of ownership transfer on June 10, 2008.

As to the building of this case.

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