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(영문) 수원지방법원 2019.12.12 2019나72564
건물명도(인도)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. Facts of recognition;

A. The Defendant is a company established for the purpose of steel bars, concrete construction business, development construction business, etc. The Korea Rail Network Authority is a corporation established on January 1, 2004 for the purpose of the construction and management of railroad facilities under the Framework Act on Railroad Industry Development and the Korea Rail Network Authority Act, the business incidental thereto, and the acquisition and management of real estate for the said business.

B. The Administrator of the Seoul Regional Railroad Administration under the Korea Railroad Authority (hereinafter both the Korea Rail Network Authority and the Korea Rail Network Authority) as a telegraph of the Korea Rail Network Authority (hereinafter “Korea Rail Network Authority”) obtained authorization of the implementation plan for E (hereinafter “instant project”) from the Ansan Market on March 10, 1995.

C. On April 23, 1998, the Defendant applied to the Korea Rail Network Authority for approval of the donation acceptance project for G transportation facilities and neighborhood shopping facilities construction built on the 65 parcel of land in Ansan-si in the instant project site, and obtained approval of the project on February 17, 200.

The defendant on April 28, 2003

The construction of the Hdong building of five stories above ground (hereinafter “Hdong building”) was completed on the land indicated in the list in the paragraph, as shown in the attached list. On November 6, 2012, the Korea Rail Network Authority granted permission for free use of State property from May 9, 2003 to April 23, 2018 with respect to the Hdong building, the period of free use of State property from May 9, 2003 to April 23, 201. The Plaintiff completed the registration of initial ownership on March 9, 201.

E. On October 30, 2013, the Korea Rail Network Authority extended the free use period of the Hdong building from April 23, 2018 to April 26, 2018, reflecting some of the recommendations from the Anti-Corruption and Civil Rights Commission.

F. On April 26, 2018, the Korea Rail Network Authority demanded the Defendant to leave and return the said building on the grounds that the period of free use of the Hdong building has expired, and the Defendant, on May 24, 2018, demanded the Korea Rail Network Authority to leave and return the said building free of charge on the grounds of civil petitions filed by the Minister of Land, Infrastructure and Transport and recommendation by the Minister of Land, Infrastructure and Transport, etc.

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