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(영문) 부산지방법원 2017.05.19 2016가단22734
건물철거 및 퇴거
Text

The defendant A, among the size of 1190 square meters for the plaintiff (appointed party) and the appointed party, shall indicate the attached Form No. 1.

Reasons

Facts of recognition

On June 19, 2013, the Plaintiff (Appointed Party) and the appointed party (hereinafter referred to as “Plaintiffs”) respectively completed the registration of ownership transfer with respect to their respective shares of 2679/47600 square meters, among the land of this case (hereinafter referred to as “instant land”) on July 1, 2013, the Plaintiff (Appointed Party) and the designated party (hereinafter referred to as “Plaintiffs”) on the ground of sale by compulsory auction.

The Defendant A, prior to acquiring ownership as above, owns on the ground of the part on the land in the attached Form No. (a) of the instant land, the block structure slved roof housing, 67m2, 74.5m2 on the ground (hereinafter “instant building”), 1.5m2 on the ground of the block structure slved roof one story toilet, 1.5m2 on the ground of the block structure slved roof, 1.5m2 on the ground, 1.5m2 on the boiler room of the block structure slved roof, 1.5m2 on the ground of the block structure slved roof, and 1m2 on the (v) part on the ground of the block structure slved roof slved roof warehouse and 17.5m2 on the boiler room on the ground.

(hereinafter “each of the instant buildings.” The Plaintiffs filed a lawsuit against Defendant A, the legal superficies holder, against this Court 2013 Ghana165498, and rendered a judgment on June 10, 2014 to the effect that “Defendant A shall pay to the Plaintiff (Appointed Party) the amount calculated at the rate of KRW 109,800 per month and KRW 36,60 per month from May 1, 2015,” which became final and conclusive around that time.

(hereinafter “Related Judgment”). Defendant B occupies the first floor of the instant building.

[Grounds for recognition] In the absence of dispute, each statement in Gap evidence No. 1 and 4, and when the statutory superficies holder who judged the purport of the entire pleadings did not pay rent for more than two years, the statutory superficies can be extinguished by the declaration of intent to extinguish the superficies (Article 287 of the Civil Act). The above facts of recognition and the charges ordered by the defendants to be issued in the relevant judgment until the lapse of two years from May 1, 2015.

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