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(영문) 서울고등법원 2019.06.19 2019누30821
무상양도대상토지확인 청구의 소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasons for the court’s explanation concerning this case are as stated in the reasoning of the judgment of the first instance except for the modification of the corresponding part of the judgment of the first instance as follows 2. Thus, the part on the grounds of the judgment of the first instance is as stated in Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act. The part on the amendment of 2.00 square meters, “389 square meters,” which is 389 square meters, shall be regarded as “389.8 square meters,” respectively.

4. It shall be deleted from the last parallel to the 7th parallel.

The defendant withdrawn the main defense at the first date for pleading in this court.

The 7th 6th 6th am "3.", the 7th am below "4.", the 5th am below "3.", and the 7th am below "5." respectively.

Under 7, the term “establishment” shall be “established and shall be reverted to the Office of Administration free of charge.”

The part of the judgment of the first instance, including the 9th two deeds, which is described as the "this Court", shall be described as the "Seoul Administrative Court".

11 The following shall be added to six (6) categories below:

In addition, Article 289-2 of the Civil Code concerning divided superficies (Section 1 of the divided superficies) Article 289-2 of the Civil Code concerning divided superficies (Article 289-2 of the Civil Code provides the upper or lower limit of the space above the ground and provides the subject of superficies

In such cases, the use of land may be restricted for the exercise of superficies by means of the act of creation.

(2) Even when a third person has a right to use and take profits from the land, if he/she and all persons who have rights to the land consent to do so, sectional superficies as prescribed in paragraph (1) may be established.

In such cases, a third party who has the right to use and benefit from the land shall not interfere with the exercise of the superficies.

In light of the regulations, it is possible to use and benefit from underground or ground spaces by setting the upper limit.

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