지상권설정
1. The counterclaim claim is dismissed.
2. The costs of lawsuit shall be borne by the Counterclaim Plaintiff.
The head of the agency shall be the member of the agency.
1. Facts of recognition;
A. On August 1, 2002, the Plaintiff completed the registration of transfer of ownership based on sale on July 1, 2002, with respect to the 30m2 and 511m2 (hereinafter “instant land”).
B. E (hereinafter “E”). On June 29, 2006, the Plaintiff and the Joint Plaintiff filed a claim identical to the Plaintiff’s purport of the claim, but the lawsuit was deemed to have been withdrawn on three occasions due to the absence of the date of pleading), E completed the registration of ownership preservation at the ratio of 1/2 for each of four buildings (one-half of the total area of 113.19 square meters in total on the register) with respect to the instant land and the instant building and the instant building, the wooden structure panel and the roof, the 40.59 square meters in a single house of the wooden structure, the wooden structure, the 33 square meters in a single house of the wooden structure, the 19.8 square meters in a single house of the wooden structure, the 19.8 square meters in a single house of the wooden structure, and the 19.8 square meters in a single house of the wooden roof (No. d. 19 square meters in total on the register).
C. The Defendant’s husband G applied for a compulsory auction against the instant land owned by the Plaintiff to Suwon District Court H on August 25, 2010, and completed the registration of ownership transfer on March 3, 201, after receiving a decision to permit sale on September 27, 2010. G died on March 2, 2013. As to the instant land on September 12, 2013, the Defendant completed the registration of ownership transfer due to inheritance by consultation and division on March 2, 2013.
After G acquired the ownership of the instant land, the Plaintiff and E (hereinafter referred to as “Plaintiff, etc.”) owned the instant building until now, and jointly occupied and used the entire instant land for maintaining and using the instant building and its affiliated facilities.
E. Nevertheless, as the Plaintiff et al. did not pay land rent or land rent, the Defendant filed the instant lawsuit against the Plaintiff et al., seeking the payment of land rent by Seoul Central District Court 2015Kadan90329, and against this, the Plaintiff et al. against the Defendant.