건물철거 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts - The Plaintiff is the owner of Gyeyang-gu Seoul Metropolitan Government 171 square meters (hereinafter referred to as “instant site”).
On the instant site, the building listed in the attached Table 2 (hereinafter “instant building”) was constructed, and Nonparty D acquired the ownership of the said building through an auction on June 16, 201.
On August 4, 2011, the Plaintiff completed the registration of creation of superficies on the instant site: “The ownership and scope of a building on the ground: the entire land: the duration of the land: the entire period from August 20, 201 to the continuation of a building on the ground; and the land rent: KRW 1.5 million per month.”
(hereinafter referred to as “instant superficies”) - Defendant completed the registration of ownership transfer on April 20, 2018 regarding the instant building.
[Reasons for Recognition] 1-1 and 2-1 and the purport of the whole pleading
2. Judgment on the plaintiff's claim
A. The Defendant asserted the cause of the claim does not pay rent after the date of acquisition of ownership, even though he succeeded to the superficies of this case by acquiring the ownership of the building of this case.
Therefore, since the plaintiff notified the termination of superficies on the ground of not less than two occasions of delinquency in payment, the defendant is obligated to remove the building of this case and pay the land rent of 2,916,666 won per month to the plaintiff and the delay damages.
B. In order to file a claim for the extinction of superficies on the ground of delinquency in payment of land rents, the superficiary need not pay rent for more than two years (Article 287 of the Civil Act). The Defendant’s acquisition of ownership of the instant building on April 20, 2018 by acquiring the ownership of the instant building is apparent from the river water and is not only the acquisition of ownership of the instant building, but also the Defendant does not acquire superficies on the instant site unless the registration of transfer of superficies was completed.
3. Conclusion, the plaintiff's claim of this case is dismissed as it is without merit.