beta
(영문) 대구지방법원안동지원 2015.11.04 2014가단3917

토지지상권설정등기 말소청구

Text

1. As to the Plaintiff’s share of Defendant B, C, D, E, and F among the 26182 square meters of Ansan-si J Forest land, Defendant G with respect to each of 1/6 shares, and Defendant G with respect to each of 3/42 square meters.

Reasons

1. The Plaintiff’s indication of the claim is an owner of J-J Forest land 26182 square meters in Ansan-si, and Nonparty K completed the registration of creation of superficies from January 17, 1977 to 30 years with respect to the instant real estate as of January 21, 1976 by the receipt of No. 570 on January 21, 1976.

(hereinafter) The above woodland was registered as “the instant real estate” and the above registration of creation of superficies (hereinafter “registration of creation of superficies of this case”). The network L completed the registration of creation of superficies of this case by the receipt of June 1, 1981 by the court No. 22652 on June 1, 1981.

On January 17, 2006, the term of existence of superficies creation registration of this case expired, and on February 22, 2000, the deceased L died. At the time, M, children B, C, D, E, F, and N were the inheritor.

However, N died on June 28, 2007, and his heir was Defendant G, H, and I, and M also died on July 7, 2010, the heir of the deceased L as of the date of the closing of argument remains only the Defendants.

Therefore, the Plaintiff seeks implementation of the procedure for cancellation registration of the registration of creation of superficies of this case against the Defendants.

2. Judgment based on the recommendation of confession under Acts and subordinate statutes (Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act);