지료청구
1. The defendant shall be the plaintiff.
(a) KRW 4,852,680 as well as 5% per annum from August 19, 2017 to September 14, 2017;
1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be recognized by comprehensively considering the whole purport of arguments as a result of a request for surveying and appraisal made on January 16, 2017 and June 12, 2017 to the Korea Land Information Corporation of this Court, as stated in Gap evidence 1-4, 7, and 11, Eul evidence 1, and Eul evidence 1, and the whole purport of arguments.
On March 26, 1996, the Defendant completed the registration of ownership transfer with respect to the land prior to the subdivision in Ulsan-gun, Ulsan-gun. On May 3, 1996, the above land was divided into B forest land No. 7,245 square meters (hereinafter “instant land”) and C large 1,086 square meters (hereinafter “the adjoining land”). Around 2010, the Defendant constructed or installed a house, multi-use room, yellow soil room, resting room, garage, swimming pool, etc. on the part of the instant land.
B. In the procedure of a voluntary auction conducted D with the Ulsan District Court on the instant land and the contiguous land, etc. (hereinafter “instant auction”), E received the sale of the instant adjacent land and the housing on its ground, and paid the price on November 14, 2013, and completed the registration of ownership transfer on the same day. The Plaintiff received the sale of the instant land (excluding houses constructed or installed by the Defendant, multi-use rooms, yellow soil embankments, resting rooms, teas, and swimming pools), and paid the price on January 24, 2014, and completed the registration of ownership transfer on the same day.
C. The Plaintiff filed an application with the Ulsan District Court G, Ulsan District Court for a real estate delivery order against F, claiming that the Defendant purchased the housing, multi-use rooms, yellow soil embankments, resting rooms, and teas within the instant land. On June 23, 2014, the said court held on the ground that “F created legal superficies for the Defendant in respect of the housing, multi-use rooms, yellow soil embankments, resting rooms, and teas constructed or installed by the Defendant in the instant land through the instant auction” on the ground that “It is reasonable to deem the Plaintiff to have created the above housing, multi-use rooms, yellow soil embankments, resting rooms, and teas among the instant land.”