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(영문) 부산지방법원 2018.07.17 2018가단304478
토지 명도청구의 소
Text

1. The defendant shall deliver to the plaintiff the 76-25 square meters of Busan Dongdong-dong 744.9 square meters to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. On January 28, 2015, film development corporation and Epidi (hereinafter referred to as “non-party company”) are performing construction work after filing a report on the commencement of construction on August 27, 2015, with the head of the Busan Dong-dong, Busan to build an apartment building of 732 units (hereinafter referred to as “instant apartment building”) on the site of 133-3 and 78 lots of land located in the Dong-dong, Busan to the extent that the approval of the housing construction project plan (the project period was from May 6, 2015 to August 5, 2018, but the project period was changed from December 1, 2015 to January 31, 2019). The Defendant is a corporation that produces and operates the pertinent apartment site in Busan Dong-dong, Busan to the extent that it is located in the business site, and the Defendant is a corporation that produces and operates the instant apartment building (hereinafter referred to as “the instant apartment site”).

B. On January 30, 2015, the non-party company entered into a sales contract with the Defendant to purchase the instant land owned by the Defendant (hereinafter “instant sales contract”). At the time of the conclusion of the said sales contract, the non-party company entered into a special contract stating that “The non-party company purchased the land owned by the Defendant for KRW 1,250,000,000,00 (hereinafter “the instant sales contract”). At the time of entering into the said sales contract, the non-party company, a company purchased the land for approximately 76-25 square meters (large 44.9 square meters) and one company, a non-party company, who purchased the land for the instant case, shall be allowed to continue to occupy the instant land by not later than one month prior to the date of opening the road prior to the completion

C. After completing the registration of ownership transfer on the instant land on February 2, 2015, Nonparty Company completed the registration of ownership transfer on the same day, Nonparty Company completed the registration of ownership transfer on the Plaintiff’s ground of trust.

The instant land is a site to be incorporated into 2-5 lines, which is to be established in accordance with the housing construction project plan, with the land that is in conflict with the planning roads of Class 2 (breadth 8 to 10 meters) in a small-lane under the district unit plan

E. On July 27, 2017, October 24, 2017, and December 6, 2017, Nonparty Company (hereinafter “Nonindicted Company”) goes to the Defendant from February 2018.

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