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(영문) 인천지방법원 2019.09.18 2018가단229396
토지인도
Text

1. The defendant shall be the plaintiff.

A. Of the 7,215 square meters of the Incheon Railway site, each point is indicated in the attached Form 1, 2, 3, 4, and 1.

Reasons

1. Facts of recognition;

A. The Plaintiff completed the registration of ownership transfer based on the investment in kind on March 9, 2005, No. 16223, which was received on March 9, 2005, with respect to the Incheon District Court’s 7,215 square meters (hereinafter “instant land”).

The instant land is used as a railway site within the C Station.

B. Of the instant land, there is a structure of the first floor panel with the structure of the first floor panel used as an office on the ground area of 94 square meters in the line that connects each point of (i) part of (i) part of the attached Form 1, 2, 3, 4, and 1, among the instant land, and with the structure of the first floor panel structure used as a warehouse on the ground area of 449 square meters in the line that connects each point of (ii) five, six, seven, eight, and five in sequence.

(The part of the building site of this case is referred to as "the building site of this case" and the above office and warehouse are referred to as "the building site of this case" hereinafter).

D used the instant structure for the operation of the sub-branch, and around March 2003, the Defendant transferred the right to operate the said sub-branch, including the instant structure, to the Defendant, and the Defendant is doing business from around that time while occupying and using the instant structure.

On April 1, 2006, the Defendant confirmed that the Plaintiff was using a total of 122 square meters of the office 66 square meters and 56 square meters of the waiting room in the work site among the instant land without permission, and prepared a written confirmation of occupation without permission, which promises to pay indemnity from the use of the land without permission.

In addition, on December 31, 2007, the Defendant confirmed that 94.6 square meters of the instant land were occupied and used without permission for one year from 2007 in order to use the temporary building for office use, and prepared a written confirmation of unauthorized occupation of the public corporation’s assets with the intent to pay indemnity from unauthorized use.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 3, 7 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 2 and 5, the result of a survey appraisal commission, the purport of the whole pleadings

2. Determination on the request for delivery and removal

(a)the primary claim;

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