건물철거 및 토지인도 청구의 소
1. The defendant shall be the plaintiff.
(a) remove the buildings listed in paragraph 2 of the attached Table and out of the land listed in paragraph 1 of the attached Table;
1. Facts of recognition;
A. On January 4, 2013, the Plaintiff completed the registration of ownership transfer based on the sale of land listed in paragraph (1) of the attached Table No. 1 (hereinafter “Plaintiff’s land”) due to voluntary auction on the same day.
B. On January 8, 2015, the Defendant: (a) the same month pertaining to the buildings listed in paragraph (2) of the attached Table No. 2 (hereinafter “instant building”);
7. He shall complete a registration of ownership transfer due to a compulsory auction.
C. The Plaintiff filed a lawsuit against the Defendant as Seoul Central District Court 2015Gahap51082. On October 26, 2016, on the ground that the Defendant’s legal superficies is recognized from the above court, the Plaintiff was sentenced to the Seoul Central District Court’s judgment that “the Defendant, from January 8, 2015, connects the Plaintiff with each point of 19, 3, 23, 14, 15, 16, 16, 20, 20, 19 among the instant land,” or that “the amount of money calculated at the rate of 1,24,044 won per month or by the Defendant’s completion of delivery” was paid to the Plaintiff at the rate of 1,2016Na207868, which became final and conclusive on May 9, 2017.”
After the judgment above became final and conclusive, the Defendant amounting to KRW 8,000,000 on May 11, 2017, and the same year to the Plaintiff.
7. 7. 2,500,000 won was paid to the Defendant on October 10, 2017, the Plaintiff sent a content-certified mail claiming the extinction of legal superficies on the ground that the Plaintiff did not pay rent for more than two years. The content-certified mail sent to the Defendant on October 11, 2017.
E. On October 17, 2017, the Defendant remitted KRW 3,000,000 to the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, Gap evidence Nos. 3 and 4-1, 2, and Gap evidence Nos. 5, the purport of the whole pleadings
2. Determination
A. (1) Determination on the extinction of legal superficies (1) If legal superficies is established and the rent amount is determined by the judgment, the superficiary has become final and conclusive.