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(영문) 인천지방법원 2016.09.21 2015가단211622
건물명도 등
Text

1. The defendant shall be the plaintiff.

A. Of the 1,818 square meters prior to Incheon Gyeyang-gu, the indication of the attached drawings 1, 2, 3, 4, and 1 shall be in sequence.

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff shall be from December 24, 2009 to December 24, 2009 to the Gyeyang-gu Incheon Metropolitan City’s 1,818 square meters (hereinafter “instant land”).

2) The Defendant is the owner of the instant land, and is the holder of the right to use and benefit from the portion of “A” part of the instant land connected with the indication of the attached drawing Nos. 1, 2, 3, 4, and 1 in sequence. 2) The Defendant has occupied and used the instant building in the name of “D” from December 24, 2009 to December 24, 2009.

3) On May 12, 2011, the Plaintiff and the Defendant agreed that “where the Plaintiff needs to deliver the instant building portion among the instant land for an urban development project according to the project implementation schedule, the Plaintiff shall notify the Defendant thereof two months before the date, and the Defendant shall immediately withdraw the instant building at the same time with the payment of legitimate legal compensation under the relevant statutes, such as the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “instant agreement”).

() On May 13, 2011, the Plaintiff’s confirmation that “the Plaintiff confirms that the Defendant uses the instant land and buildings without compensation until the agreement is reached pursuant to the instant agreement” (hereinafter “instant confirmation”).

(4) On August 8, 2014, the Plaintiff notified the Defendant of the fact that “The Plaintiff, within one week, occupied and used the instant land and buildings without permission, paid unjust enrichment, delivered the instant land and buildings, or notified the delivery date by setting the delivery date, and thereafter, the use of the instant land and buildings is to secure and use a legitimate right to use real estate under a contract with the Plaintiff.”

5) From December 25, 2009 to April 24, 2016, the date following the date of acquisition of ownership of the instant land, the rent for the instant building portion is as listed below, and the rent from April 25, 2016 to April 25, 2016 thereafter is ratified as KRW 730,800. The rent for the period is the monthly rent (cost) for the period.

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