건물등철거
1. The defendant is against the plaintiffs:
A. The housing of 47.5 square meters on the ground of 783 square meters on the ground of Gangwon-do, Seocheon-gun D, Seocheon-gun.
1. The Plaintiffs, on August 25, 201, completed the registration of ownership transfer (Plaintiff A: 2/3 shares, Plaintiff B: 1/3 shares) with respect to the land of approximately 783 square meters (hereinafter “D land”) and the E large-scale 238 square meters (hereinafter “E land”).
그 무렵부터 D 토지 위에 피고 소유의 일반목구조 목조지붕 단층 주택 47.19㎡(이하 ‘이 사건 건물’이라 한다)가 건축되어 있고, E 토지 위에 피고 소유의 별지 도면 표시 1, 2, 3, 4, 1의 각 점을 순서대로 연결한 선내 ㈎부분 컨테이너 27㎡(이하 ‘이 사건 컨테이너’라 한다)가 설치되어 있었다.
The Defendant occupied and used land D and E while operating the instant building and container using it.
Around 2013, the Plaintiffs filed a lawsuit against the Defendant seeking rent for the above land on the premise of the Defendant’s establishment of statutory superficies against land D and E, which the Defendant occupied and used by the Defendant, and received a favorable judgment from this court on July 16, 2014 that “The Defendant shall pay the Plaintiffs the amount equivalent to the respective rent for D and E land from August 25, 2011 to January 6, 2014, KRW 2,204,120, and KRW 435,120, and the following day from January 7, 2014 to the delivery of land to D and E to the Plaintiffs, KRW 57,33,33, monthly and KRW 11,333, and KRW 28,67, and KRW 675,67 of each month and KRW 677 of each month.”
(2013Gahap1044, hereinafter “the instant branch judgment”). Around that time, the instant branch judgment became final and conclusive.
The Defendant did not pay the rent according to the instant branch judgment until around the date of the instant lawsuit. On November 6, 2018, the Plaintiffs submitted the instant complaint containing a statement of intent to claim the extinction of statutory superficies on the land D and E by serving the instant complaint on the grounds that the Defendant had not paid the rent for more than two years. The instant warden served the Defendant on November 12, 2018.
[Ground of recognition] Unsatisfied facts, records.