logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2015.10.14 2015가단19266
건물철거 및 토지인도
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Judgment on the plaintiff's claim

A. On January 26, 2015, the Plaintiff filed a claim for exclusion of disturbance based on the Plaintiff’s ownership of the land from C to acquire the ownership by completing the registration of ownership transfer on January 30, 2015, and the ownership was acquired by completing the registration of ownership transfer on January 30, 2015. The fact that the Defendant owned the building listed in attached Table No. 2 (hereinafter “instant building”) is no dispute between the parties, and the Plaintiff sought removal of the instant building and delivery of the instant land against the Defendant.

B. The Defendant’s legal superficies defense 1) In a case where the land and the building belonging to the same person owned by the same person were owned by auction and the owner becomes different, the owner of the building acquires legal superficies under Article 366 of the Civil Act for the purpose of owning the building; the purchaser who acquired the legal superficies from the person who acquired the legal superficies for the purpose of owning the building purchased the building under the condition of sale, such as the removal of the building after purchase; 2) E forest land D (hereinafter “D”) 25,668 square meters before division was owned by F. 3, 1978, and F. 3, 198, 3, 198, 198, 3, 198, 198, 3, 198, 4, 198, 3, 5, 196, 19, 196, 3, 196, 19, 196, 3, 198, 196, 198.

arrow