법정지상권소멸청구 및 건물철거 등
1. The part of the claim for the confirmation of the extinction of legal superficies among the instant lawsuits is dismissed.
2. All of the plaintiffs' remaining claims.
1. Facts of recognition;
A. The land originally owned by the Dong K (hereinafter “the deceased”) on the ground that JJ 2,516 square meters (hereinafter “the instant land”) located in the Gyeong-gun, Chungcheongnam-gun, Chungcheongnam-gun, and the deceased constructed each building on the ground of the instant land listed in the separate sheet (hereinafter “each of the instant buildings”).
B. The Deceased died on August 10, 1993. As to the land of this case and each building of this case, the Defendant C/15 shares, and the remaining Defendants inherited 2/15 shares, respectively.
C. On February 27, 2012, L acquired 3/15 shares of Defendant C in the instant land during the compulsory auction procedure for real estate auction, and the Plaintiffs also acquired 2/15 shares of Defendant G among the instant land in the procedure for compulsory auction for real estate auction on October 18, 2013.
On July 28, 2014, the Plaintiffs filed a lawsuit against the Defendants seeking the removal of each of the instant buildings and the delivery of part of 335.47 square meters out of the instant land.
However, on January 20, 2015, the first instance court sentenced the Defendants (excluding Defendant C and G) holding 10/15 shares (i.e., 2/15 shares x 5 shares x 5) of the majority shares of the instant land to the effect that the Defendants (excluding Defendant C and G) occupied and used part of the instant land is lawful as management method of the instant land, and thus dismissed the claim for removal of each of the instant buildings and the claim for delivery of the instant land.
(This Court Decision 2014Kadan2339). Although the Plaintiffs appealed against the aforementioned part, the Plaintiffs’ appeal was dismissed on September 23, 2015.
(C) A. (Article 150(3) of the Civil Procedure Act) of the Changwon District Court 2015Na3062, hereinafter the above lawsuit referred to as “previous lawsuit”). / [Grounds for recognition] Defendants except Defendant D: Each confession (Article 150(3) of the Civil Procedure Act) (Article 150(3) of the Civil Procedure Act), Defendant D: Each
2. We examine the part concerning the claim for confirmation of extinction of legal superficies in the instant lawsuit ex officio, as to the claim for confirmation of extinction of legal superficies.
The Defendants’ respective buildings of this case against the Plaintiffs.