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(영문) 의정부지방법원 2015.07.16 2014가합10516
부동산인도 등
Text

1. The defendant shall be the plaintiff.

(a) remove or take obstacles in the annexed list 2;

(b) Appendix 1 Schedule.

Reasons

1. Presumed factual basis

A. The Plaintiff is a project implementer of the public sewerage system installation project (Seong Peak Water Center) in Namyang-si, and the Defendant is a person who occupies real estate (hereinafter “instant real estate”) entered in the attached Table 2 to be incorporated in the said project district and obstacles entered in the attached Table 1 list (hereinafter “instant obstacles”).

B. On October 27, 2014, the Plaintiff received a ruling on expropriation of the instant real estate owned by B (Defendant’s wife) from the Gyeonggi-do Local Land Tribunal on November 21, 2014, and paid full KRW 2,868,021,50 of the compensation for the said real estate as prescribed by the Jung-gu District Court No. 5946, 5950 in 2014, and acquired ownership on November 26, 2014, the date of expropriation.

C. On July 3, 2014, the Plaintiff and the Defendant paid 393,812,800 won compensation for the instant obstacles to the Defendant, and the Defendant concluded a contract for indemnity of obstacles (hereinafter “instant contract”) with the following content, which would remove or move the instant obstacles by August 31, 2014:

Article 1 (Formation of Agreement) The defendant shall completely remove or move the obstacles of this case by the time prescribed in Article 5, and the plaintiff shall calculate and pay compensation therefor.

Article 5 (Removal, Removal, etc.) (1) The defendant shall completely remove or move the obstacles of this case by August 31, 2014.

② The lease relationship, etc. created on the instant obstacles shall be terminated by the Defendant’s responsibility prior to the date of a compensation agreement or the date of removal under paragraph (1).

Article 6 (Cancellation of Contracts) (1) The plaintiff may rescind this agreement when any of the following grounds arises:

3. When the defendant violated the agreed terms or fails to faithfully perform them. (2) When the plaintiff cancels this contract under paragraph (1), the defendant shall without delay compensate for the obstacles of this case received from the plaintiff.

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