법정지상권확인 등
1. The part concerning the claim for confirmation of superficies among the lawsuits in this case shall be dismissed.
2. The plaintiff's remaining claims are dismissed.
3...
1. The Plaintiff was established in around 1976 and operated a poisonous substance storage business, sales business, etc., and around December 15, 2008, the warehouse and multimodal transport sector was physically divided and changed into “E” (hereinafter “E”).
The Plaintiff completed on December 24, 2008 the registration of ownership transfer on the 6,158 square meters of Pyeongtaek-si C Miscellaneous land owned by oneself to E (hereinafter “instant land”) and the 4-story warehouse facilities on the instant land (hereinafter “instant land”) in common name.
At the time, each storage tank listed in the attached list (hereinafter referred to as the “storage 1”) was installed on the ground of the instant land, and each storage tank listed in the attached list (hereinafter referred to as the “instant plastic tank” and the storage tank listed in the attached list 2, and the “storage tank in the instant case” were installed.
The auction procedure on the instant real estate, etc. owned by E was commenced (F, G, hereinafter “instant auction procedure”), and the storage tank of this case was excluded from the object of the instant auction procedure by deeming that the instant storage tank was first owned by the Plaintiff, but around November 2015, the Plaintiff prepared a confirmation letter to the effect that the storage tank of this case would confirm that it was owned by E, and that E would not raise any objection later in connection with it, and the auction court requested the auction court to proceed with a blanket sale including the storage tank of this case, accompanied by the said confirmation document, and the auction court conducted the auction by including the storage tank of this case in the object of the instant auction procedure.
In the above auction procedure, the appraiser reported that the appraised value was KRW 240,000,000, and KRW 280,000,000, respectively, on the tank of the instant hydrogen and the fruit oxide tank of the instant case.
In the above auction procedure, the Defendant purchased the instant real estate, etc. in KRW 35,521,50,000, and the price therefor on November 4, 2016.