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(영문) 청주지방법원 2019.10.25 2019가단23442
건물등철거
Text

1. The defendant shall remove the buildings listed in the attached Form 2 from the plaintiff (appointed party) and the remaining designated parties.

Reasons

1. Judgment on the plaintiff's assertion

A. Facts of recognition 1) Plaintiff (Appointed Party; hereinafter “Plaintiff”)

) The remaining designated parties (hereinafter referred to as “Plaintiffs” in combination with the Plaintiff)

) Each land listed in the separate sheet No. 1 (hereinafter collectively referred to as “instant land”).

(1) The Cheongju District Court C Voluntary Auction Procedure (hereinafter “instant Auction”) against Cheongju District Court

(2) On October 13, 2014, the Defendant completed the registration of ownership transfer under the name of the Defendant on the following grounds: (a) the building indicated in the attached Table 2, constructed on the ground of the instant land (hereinafter “instant building”) in the name of the co-owners of the instant land, who acquired ownership by fully paying the sale price on April 13, 2015, upon receipt of the decision to permit sale.

3) On October 28, 2016, the Plaintiff filed a lawsuit against the Defendant on the ground that the Defendant acquired statutory superficies for the purpose of owning the instant building with respect to the instant land, and thus, the Plaintiff was obligated to pay the Plaintiff rent. On October 28, 2016, the Incheon District Court 2016 money72372, the conciliation between the Plaintiff and the Defendant, which was the conciliation of the following (hereinafter referred to as “instant conciliation”), and accordingly, the statutory superficies for the purpose of owning the instant building on the instant land is “the instant superficies”.

(4) However, the Defendant did not pay to the Plaintiff rent more than two years for the instant land by November 30, 2018.

5) On December 24, 2018, the Plaintiff sent to the Defendant a content-certified mail that notifies the extinguishment of the superficies of this case pursuant to Article 287 of the Civil Act on the grounds of the Defendant’s delinquency in payment of rent for not less than two years, and on December 26, 2018, the said mail was delivered to the Defendant on December 26, 2018. [Grounds for Recognition] In the absence of dispute, Gap’s evidence 1 through 5, and Eul’s evidence 3 (including each number, hereinafter the same shall apply

- The purport of the whole pleadings

B. The above facts of recognition are examined.

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