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(영문) 대구지방법원안동지원 2016.08.26 2016가단646
지상권설정등기말소등기
Text

1. The Defendants are the respective shares of inheritance indicated in the attached Form among the 36,09 square meters of Jancheon-gun, Chungcheongnam-gun, Chungcheongnam-do.

Reasons

1. Basic facts

A. On February 1, 1974, the Plaintiff concluded a superficies contract with the term of 30 years for the purpose of owning standing timber on February 1, 1974 with respect to the above land as the owner of Jancheon-gun Jancheon-gun (hereinafter “instant land”); on February 1, 1974, the Plaintiff completed the registration of creation of superficies under the name of the deceased (hereinafter “the creation of superficies”) under the title of 820, receipt on February 13, 1974, under the title of the Daegu District Court Seocheon-gun District Court receipt No. 820 on February 13, 1974.

B. At the time of the deceased’s death, the deceased’s bereaved family members were Defendant L, children, Defendant E, F, G, H, and I, the spouse of the deceased.

C. M died on May 12, 2007, and at the time M’s bereaved family members were N, Defendant C, the spouse of M, and D.

Meanwhile, N died on January 29, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. According to the above facts of the judgment on the cause of the claim, the registration of the creation of superficies of this case shall be cancelled upon the expiration of the duration. The defendants are obligated to cancel the registration of the creation of superficies of this case with respect to each of the pertinent shares stated in the inheritance shares in the land of this case

3. As to the Defendants’ assertion, the Defendants asserted against the Plaintiff that they exercise their right to purchase ground water regarding trees, which are ground objects on the instant land.

The above right to claim the above ground property arises when the person who created the superficies refuses to renew the right to claim the renewal of superficies, and there is no evidence to prove that the right to claim the renewal of superficies has been exercised in this case, so it cannot be deemed that the defendants' right to claim the ground

On the other hand, the right to claim renewal of superficies should be exercised without delay after the termination of superficies. The right to claim renewal of superficies has already ceased to exist after the lapse of January 31, 2004, and the above evidence and the purport of the whole pleadings are examined.

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