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(영문) 의정부지방법원고양지원 2016.04.07 2015가단17398
건물철거 및 토지인도 등
Text

1. Defendant B, C, D, E, F, G, H, I, J, and K jointly with the Plaintiff:

(a) deliver 641 square meters prior to R in Pakistan;

(b) above;

Reasons

Facts of recognition

B. B, Defendant B, D, E, F, G, H, I, J, and K jointly inherited the instant site due to the death of the network S.

(hereinafter referred to as “Defendant B, etc.”). On September 28, 2010, the Plaintiff completed the registration of transfer of ownership on the instant site by receipt of No. 74502, Oct. 7, 2010, based on the sale by voluntary auction on September 28, 2010 as the grounds for registration.

On the ground of the instant site, the same building as the part No. 1-B (hereinafter collectively referred to as the “each of the instant buildings”) was constructed, and each of the instant buildings was owned by the original network S, and the F and Defendant B et al. jointly succeeded to each of the instant buildings upon the death of network S.

The Plaintiff filed a lawsuit against F, Defendant B, etc., including this Court’s transfer of land, and the above court obtained legal superficies under customary law as the source of possession of the instant land by F, Defendant B, etc. on June 21, 2013. In determining that “F, Defendant B, etc. are jointly and severally liable to pay the Plaintiff rent for the amount of KRW 23,737,985 and delayed payment thereof, and the amount calculated at the rate of KRW 1,436,732 per month from February 15, 2012 until the date of loss of Plaintiff’s ownership or the date of termination of possession by the Defendant, etc., but the appeal and appeal were filed by F, Defendant B, etc. on September 18, 2014.”

Accordingly, on December 31, 2014, the Plaintiff sought reimbursement obligations based on the above judgment from F and Defendant B, etc., and sent a certificate of content to the effect that if the Plaintiff did not perform the payment obligations until February 10, 2015, statutory superficies under the customary law will be extinguished. From around that time to May 16, 2015, the Plaintiff expressed the above declaration to F and Defendant B, etc. (excluding Defendant B and I).

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