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(영문) 인천지방법원 2017.02.03 2015가단224109
건물등철거
Text

1. Defendant B:

(a) Of the land in the attached Form 1, each point is indicated in the attached Form 28, 29, 30, 31, and 28.

Reasons

1. Facts recognized;

A. The Plaintiff purchased a total of 480629/489460 shares from the Korea Land Trust Co., Ltd. for an urban development project, and completed a share transfer registration under the Plaintiff’s name until December 24, 2009. The Plaintiff purchased the land indicated in attached Form 2 and completed the registration of ownership transfer under the Plaintiff’s name on October 29, 2009.

B. Meanwhile, Defendant B, as the owner of each tent, container, or asbestos slate building on each of the above lands (hereinafter “instant building, etc.”), occupied the part occupied by the Defendant among the instant land and the part occupied by the Defendant (hereinafter “the instant real estate occupied by the Defendant”) among the instant land, and the part occupied by the Defendant among the instant land 1 and the instant land 2, and Defendant C used and occupied the instant building, etc.

C. On May 11, 201, the Plaintiff prepared a written commitment with respect to the instant Defendant’s real estate possessed by Defendant B, which contains the following content:

1. Defendant B confirms that real estate is real estate within the prospective site for an urban development project under the above-mentioned basic urban development project according to the basic urban planning of Incheon Metropolitan City 2020, and the authorization for an urban development project is in progress, and the Plaintiff

2. The Plaintiff and Defendant B’s duty (1) omitted. (2) The Plaintiff shall notify the Defendant B of the above real estate at least two months prior to the project implementation schedule, and the Defendant B shall immediately leave the said real estate from the said real estate at the same time with due legal compensation under relevant Acts and subordinate statutes, such as the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects.

In addition, on May 13, 2011, the Plaintiff drafted a written confirmation to Defendant B that “the Plaintiff confirms that he/she is using the Defendant B free of charge until the agreement under the instant agreement is reached.”

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 6 evidence, 13-1, 2, Eul evidence 1, 1.

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