(영문) 대구지방법원경주지원 2017.12.14 2015가단2914

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(영문) 대구지방법원경주지원 2017.12.14 2015가단2914

토지인도 등

Text

1. The Defendants jointly do so to the Plaintiff:

(a) The attached reference table 14, 15, 1, 2, 3, 4, 5, 6, 6.

Reasons

1. Facts of recognition;

A. The Plaintiff was awarded a successful bid on June 26, 2009 and completed the registration of ownership transfer in the name of the Plaintiff on the 30th day of the same month.

B. Under the joint E and F land owned by the Defendants (hereinafter “Defendant’s land”), the buildings for the business of the board, the board, and the board style roof, jointly owned by the Defendants (hereinafter “Defendant’s buildings”) are constructed.

C. Some of the Defendants’ buildings are constructed on the ground of “B” as indicated in the attached reference section among the Plaintiff’s land (hereinafter “B”).

The Defendants are using the remainder of the Plaintiff’s land other than “B” as a passage route, parking lot, etc.

[Reasons for Recognition] A without dispute; Gap evidence Nos. 1 through 5; Eul evidence Nos. 1, 2, 3, and 6; the result of this court’s request for surveying and appraisal of the Korea Land Information Corporation; the purport of the entire pleadings

2. Assertion and determination

A. Comprehensively taking account of the facts found in the judgment as to the Plaintiff’s claim, the Defendants are obligated to remove the parts on “B” or “the parts of the Defendants’ buildings (hereinafter “the Defendants’ building parts”) and deliver “B” to the Plaintiff, and return unjust enrichment equivalent to the rent for the entire Plaintiff’s land.

B. Determination 1 on the defendants' defense against removal of a building and delivery of land was obtained legal superficies under customary law as to the defendants' defense parts of the defendants' building. In addition, considering the shape and size of the defendants' building, the use status, the timing of construction, and the fact that the defendants have the right to passage over surrounding land, the plaintiff's claim for removal of the building and delivery of land is not allowed as abuse of rights. 2) If the exercise of the right to judgment only subjectively causes pain to the other party and causes damage to the other party, and there is no benefit to the person who exercises the right and it can be viewed as violating the social

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