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1. Defendant C, D, E, and F shall withdraw from each real estate listed in the separate sheet.
2. The plaintiff's defendant B, G, H, and I
Reasons
1. On November 26, 2014, the Plaintiff asserted that the Plaintiff was awarded a successful bid in the auction procedure for 1/2 shares of JJ large 121.7 square meters in Eunpyeong-gu Seoul (hereinafter “instant land”). K owns the instant land without title while owning the real estate listed in the attached table on that ground (hereinafter “instant building”). The Defendants leased and occupy the instant building from K. The instant building must be removed, and the Defendants are obliged to leave the instant building.
2. Determination
A. As to Defendant C and F: Judgment on deemed confession (Article 208(3)2 of the Civil Procedure Act);
(b) For Defendant D or E, a judgment by public notice (Article 208(3)3 of the Civil Procedure Act)
C. (1) The Plaintiff’s establishment of the eviction duty against Defendant B, G, H, and I is the owner of the instant land, and the Defendants are leases and use of the instant building 201, 203, and 402, respectively, may be recognized by each entry of the evidence Nos. 1 through 6 (including the serial number). Thus, the Defendants are liable to withdraw from the part of the instant building, unless there are special circumstances.
(2) As to the above defendants' assertion and judgment, K has a legitimate title to possess the land of this case, and the above defendants have lawfully leased the building of this case from K, and therefore they do not have a duty to leave the building of this case.
Legal superficies under Article 366 of the Civil Act are generated for the owner of a building when land and a building owned by the same person become different from the two owners due to auction at the time of establishing a mortgage on the land. In the event that a building was constructed on the land by the landowner at the time of establishing a mortgage on the land, it did not reach the extent that it can be seen as an independent building in light
Even if any, the building.