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(영문) 전주지방법원 2018.07.10 2017가단25477
건물철거 및 토지인도 등
Text

1. The Defendant indicated in the attached Form 7, 2, 8, 9, 10, 11, 12, 13, 14, 15, 15, on the ground of 226 m3, Jeonsan-gu, Jeonju-si, Jeonju-si.

Reasons

1. Determination as to the cause of claim

A. 1) On January 16, 2013, the Plaintiff: (a) on January 16, 2013, the Jeonsan-gu Seoul Special Metropolitan City, which was owned by the Defendant, C large 226 square meters (hereinafter “instant land”).

A) On January 14, 2013, the registration of ownership transfer was completed on the ground of sale by voluntary auction. 2) The Defendant occupied and used the part of toilet 4 square meters in the ship, which connects each point of which is indicated in the separate sheet No. 7, 2, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 7 on the ground of the instant land before the Plaintiff acquired the ownership of the instant land, in sequence, and connected each point of which is indicated in the separate sheet No. 17, 18, 19, 20, and 17 on the ground of the land of this case.

3) On September 24, 2015, the Plaintiff filed a lawsuit against the Defendant seeking reimbursement related to the instant land by this Court No. 2015 Ghana50565, and this Court rendered a judgment that fully accepts the Plaintiff’s claim on July 15, 2016. The Defendant appealed against this judgment. In the instant case No. 2016Na6654, which is the appellate court, the lower court, the following decision on recommending reconciliation (hereinafter “decision on recommending reconciliation of this case”).

) A final and conclusive judgment became final and conclusive. Contents 4 of the decision to recommend reconciliation in the instant case No. 2016Na6654, the Defendant did not pay the land of this case determined in the decision to recommend reconciliation. On August 2, 2017, the Plaintiff notified the Defendant that the Defendant filed a claim for termination of superficies pursuant to Article 287 of the Civil Act on the ground that the Defendant did not pay the land of this case more than two years.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, the result of the commission of surveying and appraisal to the main branch office before the Korea Land Information Corporation, the purport of the whole pleadings

B. According to the above facts of recognition, the statutory superficies on the land of this case by the defendant was extinguished on August 2, 2017 upon the plaintiff's claim for extinguishment on the ground that the defendant had not paid rent for more than two years.

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