건물명도(인도)등
1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall draw up the attached Form between March 30, 2018 and 159 square meters of the Guro-gu Seoul Metropolitan City Housing Site from March 30, 2018.
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Facts of recognition;
A. On April 28, 1989, the Plaintiff owned the pertinent land by completing the registration of ownership transfer with respect to the Guro-gu Seoul Metropolitan Government 159 square meters (hereinafter “instant land”).
B. In addition, the Plaintiff owned a building of 40.07 square meters and 40.63 square meters of the Guro-gu Seoul Metropolitan Government D major 73 square meters (hereinafter “Adjoining land”) and its ground brick, which is located adjacent to the instant land (hereinafter “instant building”). However, on June 10, 209, the Plaintiff completed the registration of transfer of ownership on the ground of division of property as of May 18, 2009 to E, who is the former wife.
Since then, E completed each registration of ownership transfer on May 23, 201 to F on the grounds of sale as of May 20, 201, and F completed each registration of ownership transfer on March 30, 2018 to the Defendant on March 28, 2018.
C. Meanwhile, the instant building was illegally extended to the fourth floor building prior to the Defendant’s acquisition. As a result, the part of the instant building and the outer stairs part of the instant outer stairs (hereinafter “the part of the instant building”) were connected in order to each point of the instant land owned by the Plaintiff, among the instant land owned by the Plaintiff, the part of the instant building was 17 square meters (hereinafter “the part of the instant building”).
Accordingly, the Plaintiff filed a lawsuit against F with the Seoul Southern District Court 2012Gahap17616, which was the Seoul Southern District Court 2012Gahap17616, and the said court held on November 14, 2013 that “E below the statutory superficies under the customary law of this case on the ground of division of property concerning the part of the instant land in order to own the instant building.”
B. The Plaintiff acquired the instant building from E and the Plaintiff acquired the instant building from E, deeming that the Plaintiff was in the position to acquire legal superficies under the instant customary law in subrogation of E, and thus, the Plaintiff F.