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(영문) 대구지방법원 2020.09.09 2019나322307
건물철거청구등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

The reasoning for this case is as stated in the reasoning of the judgment of the court of first instance, except for any further or additional entry as stated below, and thus, this case is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act. The third part of the judgment of the court of first instance, which is used or added, adds the following contents to the following following following the third part of the judgment of the court of first instance.

In addition, around June 30, 1998, J purchased the land of this case from G, and H acquired the ownership of the land of this case by auction under the right to collateral security on the land of this case before J completed the registration of ownership transfer on the land of this case. Since the ownership of the land of this case and the building belongs to J, the same person, and due to auction of mortgaged property, J acquired the legal superficies under Article 366 of the Civil Act as to the building of this case, and the defendant acquired it by succession. The judgment of the first instance court of the first instance 4th to 14th.

① Although G, on December 20, 196, obtained a building permit for the instant building from the head of Ulsan-gun on December 20, 1996, G, without completion of the instant building on July 20, 1998, changed the name of the building owner to J. On July 20, 200, J completed the registration of preservation of ownership for the instant building. As seen earlier, the evidence submitted by the Defendant alone cannot be deemed to have acquired the ownership of the instant building by G as an independent real estate, such as a minimum pole, roof, and main wall, at the time of changing the name of the building owner to J., by satisfying the requirements for the instant building. Therefore, it is insufficient to recognize that G acquired the ownership of the instant building at the time of acquiring the ownership of the instant building, and there is no evidence to recognize otherwise. Therefore, the establishment of statutory superficies under the customary law of the first accused.

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