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(영문) 인천지방법원 2017.02.03 2015가단213338
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) Of the land listed in the separate sheet, each point in Annex A, 2, 3, 4, 5, and 1.

Reasons

1. Facts recognized;

A. The registration of ownership transfer was completed in the name of the Plaintiff on October 29, 2009, Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”) on the same day from B to February 26, 2009 with respect to the land indicated in the separate sheet (hereinafter “instant land”). The Plaintiff purchased the instant land from Korea Land Trust on October 27, 2009 for an urban development project and completed the registration of ownership transfer in the name of the Plaintiff on October 29, 2009.

B. In addition, B sold a building without permission (hereinafter “instant building”) on July 18, 2005, on the part of (A) section 138 square meters in the ship connected each point of (a) the attached drawing indication 1, 2, 3, 4, 5, 1, and 1, among the instant land, to Hanjin Co., Ltd., Ltd., and on October 29, 2009, Hanjin Co., Ltd sold the instant building to the Plaintiff.

C. The Defendant is occupying the instant building from October 29, 2009 to the present date.

The sum of the rent from October 30, 2009 to December 20, 2016 for the instant building and its site is KRW 2,432,00,00, and the monthly rent for the period from October 30, 2016 to December 20, 200.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, and 3 through 5, results of a request for survey appraisal, results of a request for a survey appraisal, the purport of whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to deliver the instant building to the Plaintiff, barring any special circumstances. Since October 29, 2009, the Plaintiff acquired the ownership of the instant land and thereafter on and after December 20, 2016, the amount equivalent to the rent of KRW 24,320,000 and the amount equivalent to the rent of KRW 234,00 per month from October 30, 2009 to December 20, 2016 sought by the Plaintiff is obligated to return the money equivalent to the rent of KRW 234,000 per month from December 21, 2016 to the completion date of the delivery.

3. Judgment on the defendant's assertion

A. (1) The plaintiff asserts that the measures to prepare relocation should be executed beforehand, including the land of this case.

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