건물등철거등
1. The Defendants are 441.5 square meters, and 1st floor, 441.5 square meters, and 1st floor, respectively, on the ground of 367 square meters above the Busan Seo-gu D (367 square meters).
1. Facts of recognition;
A. On December 12, 2008, the Plaintiff completed the registration of ownership transfer on the ground of sale due to voluntary auction on December 12, 2008 with respect to the land of Busan Seo-gu D, Busan (hereinafter “instant land”).
B. On the instant land, the lower court: (a) constructed a single-story house of 50.21 square meters of saves No. 5974, saves, and 50.21 square meters of saves of affiliated sculptures, No. 5975, and a single-story house of 67.04 square meters of saves of affiliated sculptures; (b) up to the time, E removed the instant building and constructed a new building mentioned in Paragraph (1) of the Disposition (hereinafter “instant building”); (c) Defendant B did not register the destruction of the previous building and the preservation of the new building; and (d) on August 26, 2005, Defendant C owned 5021/1725 of the instant building with respect to 5021 square meters of 1725/11725 of the instant building; and (e) Defendant C occupied and used each of the instant buildings after completing the registration of ownership transfer, and thereafter leased it to another person.
C. The Plaintiff received a favorable judgment against the Defendants by filing a claim for the payment of rent against the Busan District Court Decision 2009Da115744 and 2014Kadan5969, but the Defendants did not pay the rent until now since the Plaintiff acquired the ownership of the instant land.
[Ground of recognition] A without dispute, entry in Gap evidence 1 through 7 (including branch numbers, if any) and the result of the request for surveying and appraisal to Ireland Co., Ltd. by this court, the purport of the whole pleadings
2. Determination
A. According to the above facts, E owned the instant land and subsequently acquired it, and thereafter the Plaintiff acquired the instant land through the auction procedure, and the owner of the instant building acquired the instant land and the building changed thereafter, the owner of the instant building acquired statutory superficies against the Plaintiff. 2) Meanwhile, the statutory superficies developer is more than 2 years.