건물등철거
1. The defendant shall be the plaintiff.
(a) remove the buildings listed in the separate sheet 1 and deliver the land listed in the separate sheet 2;
1. Facts of recognition;
A. On August 27, 1997, the Defendant completed the registration of ownership transfer with respect to the land listed in the annexed Table 2 (hereinafter “instant land”) and the building before its removal, and on August 28, 1997, the Defendant established the right to collateral security of the Defendant with the land of this case and the building before its removal as security.
B. After that, the defendant removed the building above the land of this case and newly constructed a building listed in the annexed Table 1 on December 7, 2000 (hereinafter "the building of this case") and completed registration of ownership preservation.
C. On January 5, 2017, a decision to commence voluntary auction was rendered on the instant land, and the Plaintiff was determined as the highest price purchaser at the above auction procedure, and paid the sale price on October 23, 2017, and acquired the ownership of the instant land.
The monthly average rent of the instant land is KRW 100,600 from October 18, 2017 to July 10, 2018.
[Based on recognition] Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 and 2, the result of the commission of appraisal of fees to Strue appraisal corporations, the purport of the whole pleadings
2. Determination
A. According to the above facts, the defendant, the owner of the building of this case, is obligated to remove the building of this case and deliver the land of this case to the plaintiff, the owner of the building of this case, unless there are special circumstances. 2) Accordingly, the defendant, as to the building of this case, acquired legal superficies under Article 366 of the Civil Act, and thus, cannot respond to the plaintiff's claim.
The legal superficies under Article 366 of the Civil Code is established when the land and the building belong to the same owner at the time of the establishment of the mortgage, and the owner of the land and the building varies due to the exercise of the mortgage.