법정지상권 범위 확인 등
1. Of [Attachment 1] No. 1, 2, 3, 4, 29, 21, 22, 23, 28, 27, 27, and 1 of [Attachment 1] among the area of No. 2,707 square meters prior to Si, Si-si.
1. The land listed in Paragraph (1) of this case (hereinafter “instant land”) and each building listed in the separate sheet No. 2 attached thereto (hereinafter “each building of this case”) were originally owned by the Defendant. The voluntary auction procedure for the instant land was commenced on July 3, 2006 upon the National Agricultural Cooperative Federation’s application for voluntary auction commencement, which is a collateral security right holder for the instant land, on July 3, 2006. The fact that the Plaintiff purchased the instant land in the auction procedure and completed the registration of ownership transfer on April 17, 2007 as the receipt of No. 11061 of this Court. Thus, there is no dispute between the parties, and the Defendant, the owner of each building of this case, acquired statutory superficies for the purpose of owning each building of this case on all or part of the instant land in accordance with Article 366 of the Civil Act.
2. Determination on the scope of establishment of legal superficies
(a)the owner of the building has the right to use the site of the building to the extent necessary to use it;
Specific details of the necessary scope shall be objectively determined in comprehensive consideration of the structure and size of the building, the purpose of use of the building, the surrounding environment, etc.
B. (See Supreme Court Decision 66Da1844 delivered on December 20, 1966, etc.).
In full view of the purport of the entire pleadings as a result of a survey and appraisal with respect to the head of the Korea Cadastral Survey and Appraisal Division of the Korea Cadastral Survey Corporation, the scope necessary to use each of the buildings of this case may be recognized as the fact that the instant building is a 502 square meters or more (hereinafter “the instant site part”) as indicated in paragraph (1) of this Article.
Therefore, the defendant acquired legal superficies on the part of the site of this case.
C. As to this, the Defendant’s remaining part of the instant land except for the instant land portion, and in particular, as indicated in the attached Table 1 appraisal sheet No. 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14.