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(영문) 인천지방법원부천지원 2020.11.03 2020가단117178
토지인도
Text

All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. D completed the registration of ownership transfer on the ground of sale on July 18, 1977 with respect to the 523 square meters of land for the farm in Kimpo-si, Kimpo-si on July 27, 197.

E Union completed the registration of establishment of a neighboring farm site on October 13, 2010, and F was awarded a successful bid on July 30, 2013 in the voluntary auction procedure conducted on the basis of the right to collateral security established by the registration of establishment of a neighboring farm site on October 13, 201.

After that, on April 26, 2016, the Plaintiff was awarded a successful bid for the said stock farm site in the voluntary auction procedure. On January 2018, the Plaintiff increased the area of the said stock farm site to 2,703 square meters by combining land, such as Kimpo-si G, in the said stock farm site.

(hereinafter referred to as "the land in this case"). (b) The land in this case, regardless of whether it is before or after the increase in the above area.

D around March 1979, around 1979, a building on the steel-frame roof (hereinafter “instant building”) was newly constructed. A part of the instant building was located on the ground of the land (hereinafter “instant site part”) located on the part of the instant building, which was connected in order to each point of (b) part of the attached drawing Nos. 1, 2, 10, 9, 8, 7, and 1 among the instant land.

(A) A part of the instant building located on the ground of the instant site (hereinafter “instant building”). After that, D sold the instant building to H, and H sold the instant building to the Defendant around June 2012, around June 2012.

The building of this case was not registered from the time of the construction to the present time.

C. The plaintiff filed a lawsuit against the defendant, etc. in the Busan District Court against the defendant, etc. claiming for the determination of land rent as to the statutory superficies on the instant land part for the ownership of the building of this case (hereinafter "legal superficies of this case"). The plaintiff filed a lawsuit against the Incheon District Court on March 19, 2020 on the premise that D acquired the legal superficies of this case on March 19, 2020 pursuant to Article 366 of the Civil Act, the land rent of the legal superficies of this case on May 5, 200.

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