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1. The defendant removes the building indicated in the attached Form to the plaintiff, and deliver the building B 622.7 square meters in Gangnam-si.
2...
Reasons
1. Facts of recognition;
A. The Plaintiff was awarded a successful bid for 622.7 square meters in Gangnam-si B (hereinafter “instant site”) in the course of a compulsory auction by official auction and paid the price on May 4, 201, and completed the registration of ownership transfer as to the instant site on the same day.
B. The Defendant, as the owner of the building indicated in the attached Form (hereinafter “instant building”), occupies the instant site as the site for the instant building.
C. On November 8, 2012, the Plaintiff filed a lawsuit against the Defendant for the removal of the instant building and delivery of the instant land and return of unjust enrichment equivalent to land rent, etc. The said court dismissed the Plaintiff’s claim for the removal of the instant building and the claim for delivery of the instant land on the ground that statutory superficies under the customary law was established. Meanwhile, the Defendant dismissed the Plaintiff’s claim for the removal of the instant building and the claim for delivery of the instant land on the ground that the statutory superficies was established on November 8, 2012. On the other hand, the lower court rendered a final judgment against the Plaintiff on May 4, 2011 to April 30, 201 (the sum of land rent that the Plaintiff acquired the ownership of the instant land from May 4, 2011 to April 30, 2012) and the lower court rendered a final judgment against the said Plaintiff on the grounds that the Plaintiff would have paid the amount of KRW 1,521,000 from May 1, 2012 to delivery of the instant land.
After the judgment became final and conclusive on April 3, 2013, the Plaintiff sent to the Defendant a content-certified mail (including the Plaintiff’s account number) indicating that the sum of KRW 16,978,000 and KRW 33,709,000, which was ordered in the above judgment, was sought from May 1, 2012 to April 1, 2013, and the above content-certified mail was served to the Defendant on April 4, 2013, but the Defendant did not pay the land price to the Plaintiff. The Plaintiff again sought payment of KRW 33,709,000 to the Defendant on April 222, 2013, and the Plaintiff also sought payment of KRW 33,709,000 to the Defendant on May 5, 2013.