건물등철거
1. All appeals by the defendant against the plaintiffs are dismissed.
2. The costs of appeal shall be borne by the Defendant.
purport, purport, and.
1. The court's explanation on this part of the basic facts is the same as the corresponding part of the reasoning of the judgment of the court of first instance (from 12 to 3.8 of the judgment of the court of first instance). Thus, it is citing this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
However, the first instance court's first instance court's decision has changed "the existence of "the existence of "the existence" to "the existence of "the existence of "the existence of "the existence of "the existence", and 2-3 of "the defendant D" (hereinafter "the defendant trustee in bankruptcy") to "the defendant", and 3-8 of the first instance court's decision shall be deleted.
2. According to the above facts of the judgment on the cause of the claim, the plaintiffs as the owner of the land of this case may file a claim for the exclusion of disturbance with the defendant under Article 214 of the Civil Act. Thus, the defendant has the duty to remove the building of this case and deliver the land of this case
3. Judgment on the defendant's assertion
A. On November 1, 2010, the Defendant’s assertion C had three buildings on the ground when establishing the instant mortgage.
C around June 201, the above three buildings were demolished and completed the building of this case around July 2012.
Therefore, since there was a building on the instant land at the time of establishing the instant mortgage, the statutory superficies or customary statutory superficies under Article 366 of the Civil Act is established as to the instant building that was removed and newly built.
B. The facts of recognition 1) K is on the ground of the Seo-gu Daejeon F land, Seo-gu, Daejeon, 75.6 square meters (hereinafter “F building”).
B) A building of 18 square meters in operation on the G’s ground (hereinafter “Dong building”) for the storage and treatment of dangerous substances of light steel structure in operation on the G’s land.
)A building of 21 square meters in storage and treatment facilities for dangerous substances in the same light-weight structure (hereinafter referred to as “Nadong building”).
(F) the term “existing buildings” in total of F buildings, operating buildings, and Nadong buildings.
(2) On October 2010, K sold the existing building to C, which is one of the existing buildings.