토지인도 등
1. The Defendant shall have the Defendant’s possession of KRW 2,485,760 and KRW 579 square meters in Chungcheongnam-si from December 2, 2017 to the Plaintiff.
1. Facts of recognition;
A. The Plaintiff owned D with respect to the pertinent land (hereinafter “instant land”). The Plaintiff completed the registration of ownership transfer due to compulsory auction on October 11, 2012, Cheongju District Court Decision 47058, which was received on October 15, 2012, with respect to the said land.
B. On the ground of the instant land, there is a building with three buildings, such as (a) part of the building connected in order to each point of (a) section of the attached drawing Nos. 1 through 10, and 11, and part (b) of the warehouse connected in order to each point of (a) section of the same drawing Nos. 11 through 20, and 11, and part (b) of the warehouse Nos. 61 to 27, and 21 of the same drawing Nos. 21 to 27, and 21, connected in order to each point of (c) part of the ship (a) warehouse and 15 square meters of the chill, which are connected in order to each point of
C. The instant building was also owned by D. The Defendant donated the instant building from D on October 5, 2012, and completed the registration of transfer of ownership on the ground of donation, with regard to 70.2 square meters of housing on the instant land and 70.2 square meters of a house on the instant land, under the real estate register, according to the entry of the real estate register of the instant building, as to 15.6 square meters of a building on the instant land. < Amended by Presidential Decree No. 236768, Oct. 11, 2012; Presidential Decree No. 46768, Oct. 5, 2012>
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the result of the commission of appraisal to the chief executive officer of the Korea Land Information Corporation by this Court, the purport of the whole pleadings
2. The assertion and judgment
A. The gist of the Plaintiff’s assertion was that the instant land and buildings were owned by D, and the owners were different. As such, the Defendant’s acquisition of statutory superficies under the customary law on the instant building is recognized as one way.
However, statutory superficies under the above customary law have expired, or ② the payment of the land rent agreed upon by the defendant has been delayed.
Therefore, the defendant removes the building of this case to the plaintiff, and delivers the land of this case to the plaintiff.