건물철거 및 토지인도 등
1. The defendant, on 146.1 story 146, 146, housing of 2nd floor of reinforced concrete structure in Gangwon-gun E, Gangwon-do, 91m2.
1. Determination as to the cause of claim
A. The fact of recognition F completed the registration of ownership transfer on January 29, 2004 with respect to the land of 911 square meters prior to the Gangwon-do Incheon-gun E (hereinafter “instant land”).
On April 13, 2012, the Defendant completed registration of the preservation of ownership on the 146.79 square meters and 2-story 47.34 square meters of housing 146.79 square meters and 2-story 47.34 square meters of the instant land (hereinafter “instant housing”). The Defendant occupies and uses the instant land as the site for the instant housing.
In the instant case’s G compulsory auction procedure with respect to the instant land, the Plaintiffs received a successful bid on August 2, 2018 and completed the registration of ownership transfer.
[Reasons for Recognition] Unsatisfy, Gap 1 and 2 evidence, the purport of the whole pleadings
B. Since the Plaintiffs, as the owner of the instant land, may file a claim for exclusion of disturbance with the Defendant who occupies the instant land, the Defendant is obligated to remove the instant land and deliver the instant land to the Plaintiffs.
2. The defendant's assertion argues that since the defendant acquired legal superficies for the instant land as to the instant land, he/she has the right to possess the instant land.
In case where the land and its building belonging to the same person become different from the owners due to a compulsory auction or public auction under the National Tax Collection Act, etc., the owner of the building shall acquire the legal superficies for the ownership of the building from the landowner unless otherwise stipulated that he remove the building.
In order to establish a statutory superficies under customary law, land and buildings on the ground need not have been owned by the same person from the beginning to the beginning, and it is sufficient that the same person owned land and buildings at the time when the ownership changes effectively.
(see, e.g., Supreme Court en banc Decision 2010Da52140, Oct. 18, 2012). As seen earlier, land owners at the time the ownership of the instant land changes.