건물퇴거 청구의 소
1. The defendant shall leave the building as stated in the attached list No. 2.
2. The costs of the lawsuit are assessed against the defendant.
3...
1. The facts as indicated in the separate sheet No. 1-3, as alleged by the Plaintiff, do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings. According to this, the Defendant shall withdraw from the building listed in the separate sheet No. 2 (hereinafter “instant building”).
2. Determination as to the Defendant’s various arguments - the Plaintiff’s assertion that the statutory superficies has been established for the instant building possessed by the Defendant, and thus, the Plaintiff cannot file a motion for eviction with the Defendant - Although the statutory superficies was established for the instant building, the statutory superficies expired due to delinquency in payment of rent for more than two years. Accordingly, the judgment in favor of the Plaintiff (Evidence 1) was finalized by filing a lawsuit against the statutory superficies holders seeking removal of the instant building.
We do not accept the defendant's assertion on legal superficies.
As a lessee with opposing power stipulated in the Housing Lease Protection Act, he/she may withdraw from the defendant's preparatory document dated November 12, 2020 that he/she may claim that the lease deposit of 22 million won and the repair cost of the instant building of 30 million won are KRW 15.1 million in the case of the defendant's preparatory document dated November 12, 2020. Even in cases where a building has no right to use land for its existence and the owner of the relevant land can demand the removal of the relevant building and delivery of the site, if a person who is not the owner of the building occupies the building, the owner of the said building may not implement the removal, etc. unless he/she removes the possession of the building.
Therefore, the land ownership is deemed to have been interfered with the smooth realization of the land by the above possession. Therefore, the land owner may request the possessor of the building to withdraw from the building as an exclusion of interference based on his own ownership.
And this is.