토지인도
1. The Defendant shall either complete delivery of KRW 10,150,000 and KRW 2556 square meters from March 29, 2019 to the Plaintiff, or the Plaintiff.
1. The fact that the Plaintiff completed the registration of ownership transfer on June 27, 2018 with respect to the land of 2556 square meters in Kuju-si (hereinafter “instant land”) on the ground of public sale on June 27, 2018. The Defendant did not have any dispute over the land of this case between the parties to the instant building or between the parties to the instant land and the non-registered building (hereinafter “non-registered building”) in sequence 585 square meters in the order of each of the parties to the instant land by means of the indication of drawings on the attached land of this case.
2. Determination
A. According to the above facts of recognition as to the primary claim, the defendant, who seeks the removal of disturbance based on ownership around the plaintiff, is obligated to remove the building of this case, deliver the land of this case, which is the fact of the building of this case, and pay the amount equivalent to the rent from August 29, 2018, which is the date of completing delivery of the land of this case, or from August 29, 2018, which is the date of completing delivery of the plaintiff's ownership transfer registration, to the
As the defendant acquired legal superficies under the customary law on the building of this case, it did not assert the duty to remove the building of this case and deliver the land of this case, which is the site.
In case where a mortgage is established prior to the seizure for compulsory auction or provisional seizure prior to the seizure of land or a building on which the object of compulsory auction was the object of compulsory auction, and the mortgage is extinguished by a compulsory auction, the standard time to determine whether the “land and a building on the ground belongs to the same person”, which is a requisite to establish legal superficies under customary law for owning a building, is the time when a mortgage is established (see, e.g., Supreme Court Decision 2009Da62059, Apr. 11, 2013). The statutory superficies under Article 366 of the Civil Act belongs to the same person at the time of establishing a mortgage.