지상권소멸 등
1. The defendant shall display the attached drawings on the ground of 205 square meters in Nam-gu, Dong-gu, Seoul, Seoul, with the plaintiff (hereinafter referred to as the "Acheon-gu"), (2), (3), (4), (5),
In full view of the purport of the entire arguments in Gap evidence Nos. 1 and 7, the facts stated in the "Cause of Claim" can be acknowledged.
Unless there are other special circumstances, the provisions concerning superficies under the Civil Act shall apply mutatis mutandis to a false legal superficies under customary law, and if the superficies holder did not pay rent for at least two years, the customary legal superficies shall also be extinguished by the declaration of intention to claim the extinguishment of superficies under Article 287 of the Civil Act.
(See Supreme Court Decision 93Da10781 delivered on June 29, 1993. Meanwhile, in a case where statutory superficies is established and the amount of land rents is determined by a judgment, when delay in the payment of land rents for a considerable period of time due to a cause attributable to a person holding superficies, even after receiving a claim for land rents after the judgment became final and conclusive, the landowner may claim termination of the superficies pursuant to Article 287 of the Civil Act even if the delayed land rents are at least two years prior to and after the final and conclusive judgment, and the landowner may not claim termination of the superficies only if delay in the payment of land rents for more than two years from the date when the judgment becomes final and conclusive.
(1) In light of the above legal principles, the defendant, who is a legal superficies under customary law, did not pay rent to the plaintiff for not less than 2 years before and after the final and conclusive judgment of Suwon District Court 2012dan64068. Under such circumstances, the plaintiff claimed for rent payment to the defendant, but the defendant did not pay rent to the defendant, and the plaintiff filed a claim for the extinction of legal superficies under customary law of the defendant, and the removal and delivery of land of the above ground buildings. In light of the above legal principles, the defendant's legal superficies under customary law were delivered to the defendant by delivery of a copy of the complaint of this case as stated in the purport, and the legal superficies of the defendant was extinguished under customary law of the defendant.
Therefore, it is not more than 205 m205 m2, Dong-gu, Chungcheongnam-gu.