토지인도
1. The defendant's each point of the attached reference indicated in the attached Form 12, 13, 14, 17, 16, and 12, among the 1,100 square meters of the response sheet D 1,100 square meters to the plaintiff.
1. Basic facts
A. The Plaintiff is the owner of each parcel of land D and E located in Chungcheongbuk-gun (hereinafter “each parcel of land in this case”). The Defendant owns a warehouse, house, and vinyl (hereinafter “each parcel of land in this case”) on each parcel of land in this case as described in paragraph (1) of the order.
B. On October 11, 1996, the registration of establishment of a neighboring mortgage (hereinafter “registration of establishment of a neighboring mortgage of this case”) was completed on each of the instant land under the name of the Hong Farming Seeds and seedlings Co., Ltd. (hereinafter “red red Farm Seeds and seedlings”), and the Defendant owned each of the instant land from July 30, 1996, and newly constructed a vinyl house, building, etc. on each of the instant land on each of the instant land around 200, while owning each of the instant land.
On the other hand, each of the instant lands was transferred to F through the compulsory auction procedure on June 18, 2014, and the ownership was transferred to F through the voluntary auction procedure on March 18, 2016.
C. From March 24, 2016 to March 24, 2016, the rent for each of the instant lands is KRW 341,100.
[Ground of recognition] Facts without dispute; Gap evidence 1-1 and 2; the result of this court's request for measurement and appraisal of voice branches of the Korea Land and Information Corporation; the result of this court's request for a rent appraisal of appraiser G; the purport of the whole pleadings
2. The assertion and judgment
A. In a case where a mortgage is established prior to a compulsory auction for compulsory auction or a provisional seizure prior to a seizure or a provisional seizure for a compulsory auction for the land or a building on the ground which became the object of the cause of the claim, and thereafter the mortgage is extinguished due to a compulsory auction thereafter, if the establishment of a statutory superficies is determined depending on whether the land and the building on the ground belong to the same person after the establishment of the mortgage, the mortgagee is replaced by the owner of the land or the building on the ground after the establishment of the mortgage, even though it assessed the collateral value of the land or the building on the ground as at the time of the establishment of the mortgage.