logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2014.11.19 2014가단13860
토지인도 및 건물철거 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The registration of ownership transfer was completed in the name of G on October 9, 1993 with respect to the instant building newly constructed on the instant land owned by F, and the registration of ownership transfer was completed on March 29, 2004 under the name of H on August 4, 2004.

B. On April 27, 2006, on the instant land, the registration of ownership transfer was completed in the name of I, J, K, K, L, M, H, N, andO on January 1, 2002.

C. On September 11, 2007, with respect to the shares of M and H among the instant building and the instant land, the registration of ownership transfer was completed on September 5, 2007 due to a compulsory auction under Defendant B’s name.

After that, each share of N andO among the instant land was sold to Defendant B, J, and K respectively to Defendant B, and L’s share was sold to P as a compulsory auction, and the auction procedure was conducted for partition of co-owned property according to the conciliation formed in the lawsuit brought by P, and the Plaintiff acquired the ownership of the instant land on June 9, 2014.

E. Meanwhile, according to a lease agreement with Defendant C, D, and E, Defendant C, D, and E occupy the pertinent part of the instant building upon delivery.

【Ground for recognition】 The fact that there has been no dispute, Gap's evidence 1-1 and 2, the purport of the whole pleading

2. The assertion and judgment

A. If the Plaintiff’s assertion that Defendant B obtained statutory superficies under customary law, it would be unfair that one of co-owners of land would allow the disposal act to the share of another co-owner. Therefore, Defendant B cannot be deemed to have acquired the statutory superficies under customary law for the ownership of the instant building with respect to the instant land.

Therefore, Defendant B is obligated to remove the instant building, deliver the instant land, and return unjust enrichment equivalent to the rent from June 10, 2014 to the date of the completion of delivery, which is the following day after the Plaintiff acquired ownership. The rest of the Defendants is the possession of the purport of the claim.

arrow