(영문) 수원지방법원안산지원 2015.12.11 2015가단24447

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원안산지원 2015.12.11 2015가단24447

지상권소멸 등

Text

1. The part of the claim for the confirmation of the extinction of legal superficies among the instant lawsuits is dismissed.

2. The defendant shall be the plaintiff.

A. 38,400.

Reasons

1. The Plaintiff asserts that the claim for the confirmation of the extinction of legal superficies is the owner of the land in Paragraph 2 of the attached Table (hereinafter “instant land”), and that the Defendant, the owner of the building in Paragraph 1 of the attached Table (hereinafter “instant building”) indicated in the attached Table, which is the above ground building, did not pay the rent for the said building for at least two years, and that the said legal superficies is seeking the confirmation of the extinction of legal superficies.

As seen below, inasmuch as the Plaintiff seeks removal of the instant building and transfer of the instant land on the premise of the extinguishment of legal superficies as seen below, it is unlawful to separately seek confirmation of the extinction of legal superficies for the instant building as there is no benefit of confirmation.

2. Request for the removal of buildings and delivery of land;

A. On September 16, 2009, the Plaintiff purchased the instant land and acquired its ownership in the auction procedure of Suwon District Court's Busan District Court's Busan District Court's real estate C, and the Defendant, as the owner of the instant building located on the instant land, owns the statutory superficies for the said building. However, the said statutory superficies was extinguished due to the Defendant's failure to pay rent for the said statutory superficies for more than two years.

Therefore, the defendant shall pay the plaintiff the overdue interest of KRW 38,400,000 and the delay damages for the delay, and remove the building of this case and deliver the land of this case.

B. Judgment by publication of judgment (Article 208(3)3 of the Civil Procedure Act)

3. In conclusion, the part of the Plaintiff’s claim for the confirmation of the extinction of legal superficies among the instant lawsuit is unlawful and dismissed, and the remainder of the Plaintiff’s claim is reasonable, and it is so decided as per Disposition.

참조조문

-민사소송법 제208조 제3항 제3호

유사 판례

-부산지방법원 2017.12.08 2016나6580

-의정부지방법원 2018.02.09 2017가단118476

-서울고등법원 2016.02.04 2014나55873

-의정부지방법원 2017.10.18 2016가단107479

-서울중앙지방법원 2018.06.19 2017가단106488