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(영문) 창원지방법원 2016.06.28 2015나36000

건물등철거등

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. A-B of the judgment of the court of first instance.

Reasons

1. The court's explanation concerning this case is about the third-party ground of the judgment of the first instance.

A. (2) Except for the addition of the following facts to the last part of paragraph (2), it is identical to the reasoning of the judgment of the first instance, and thus, it is cited by the main sentence of Article 420 of the Civil Procedure

2. Additional matters to be determined: (a) even if statutory superficies under the customary law for the instant housing and warehouse have been established as the ownership preservation registration was completed on July 4, 1981; (b) barring any special circumstance, the provisions on superficies under the customary law shall apply mutatis mutandis to statutory superficies; and (c) unless otherwise determined for the duration of statutory superficies under the customary law between the parties, the said period shall be the period stipulated in each subparagraph of Article 280(1) of the Civil Act pursuant to Article 281(1) of the Civil Act (see, e.g., Supreme Court Decision 2013Da4345, Sept. 12, 2013). Since the Plaintiff and the Defendant did not agree on the duration of statutory superficies under the said customary law, it is reasonable to view that the statutory superficies under the said customary law expired on July 4, 201, at least 30 years after July 4, 1981; and (d) the Defendant’s assertion to the effect that the superficies was renewed on July 19, 19, 2019, etc.

3. Conclusion, the plaintiff's claim of this case is accepted within the scope of the above recognition, and the remainder is dismissed without merit. Since the judgment of the court of first instance is just in conclusion, the defendant's appeal is dismissed as it is without merit, and Article 1-B of the judgment of the court of first instance is ordered.

Sub-paragraph 1(b) of this section.

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