지상권설정등기 청구의 소
1. The defendant succeeding intervenor (Counterclaim plaintiff) is the plaintiff (Counterclaim defendant).
A. The purpose is with respect to B 628 square meters prior to Chungcheongnam-si:
A principal lawsuit and a counterclaim shall be deemed as the same.
1. Facts of recognition;
A. The building of this case was owned D on November 3, 2016 through the Korea Asset Management Corporation’s auction procedure. On November 3, 2016, the Plaintiff purchased the building of this case on the following grounds: (a) the building of this case was owned by 140.79 square meters; (b) the building of this case was owned by 50.79 square meters (hereinafter “the building of this case”); (c) the building of this case was owned by 140.79 square meters (hereinafter “the building of this case”); and (d) the building of this case was purchased by 50.79 square meters (hereinafter “the building of this case”).
B. The Defendant purchased the instant land from D and completed the registration of ownership transfer on December 27, 2016.
[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1 and 9 (the additional evidence shall include the number; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination as to the claim on the principal lawsuit
A. 1) The owner of a building, except in extenuating circumstances, such as that there was an agreement to remove the building when the owner of the building or the land belongs to the same owner due to sale and purchase of the building or for any other reason, shall acquire a customary superficies for the building from the owner of the building. This superficies is not a acquisition of a real right due to a juristic act, but is a acquisition of a real right to real estate under customary law, and thus the acquisition of a superficies takes effect without registration. Such customary superficies may claim the above superficies without registration against the owner of the land or a third party who acquired the ownership from the owner of the building or the third party who acquired the ownership from the land at the time of acquisition of the superficies (see, e.g., Supreme Court Decision 87Meu279, Sept. 27, 198). Thus, the ownership of the building and the land of this case was changed by the Plaintiff purchased the building through a public sale procedure.