Text
The defendant shall keep in sequence each point of the attached appraisal No. 15 through 27, and 15 among the land listed in the attached list to the plaintiff.
Reasons
1. Facts of recognition;
A. C completed the registration of ownership transfer on April 20, 1998 with respect to the building for cement bricks and saves assessment of the above ground (hereinafter “instant building site”) and cement bricks and saves assessment of the above ground.
Since then, C was the building that was the building of this case, and the building of steel framed neighborhood living facilities (hereinafter “the building of this case”) was newly constructed around November 2004 and acquired the ownership, but it was not possible to complete the registration of preservation of ownership of the building of this case due to the lack of approval for use.
B. After purchasing the instant site on February 18, 2013 in the public sale procedure, the Plaintiff completed the registration of ownership transfer on May 7, 2013.
C. The instant building is located in E and F, which are neighboring road sites, including the instant site, in the order of 15 to 27, and 15, the attached appraisal map Nos. 15 to 27, and 15, and is located on the land of 1, 2, 3, and 86 square meters, and C occupies the instant site for the purpose of owning the instant building.
The Plaintiff filed a claim against Suwon District Court No. 2015da116571 against Suwon District Court for the removal of the instant building, the delivery of the instant land and the amount equivalent to the land rent.
On November 11, 2016, the above court recognized C that statutory superficies exists under the customary law, and dismissed the removal and the request for extradition, and rendered a judgment in favor of the Plaintiff partially winning the Plaintiff (hereinafter “instant judgment”) with the purport that C shall pay rent of KRW 32,194,40 (the rent shall be calculated as KRW 1,039,266 per month from May 7, 2013 to December 14, 2015) and the amount calculated at the rate of 5% per annum from the day following the day when the above judgment becomes final to the day of full payment, and from December 15, 2015 to the day when C loses the Plaintiff’s ownership of the instant land or until the day when C occupies possession is terminated (hereinafter “instant rent judgment”).
C appealed from this, but the above appeal was dismissed on September 8, 2017 (U.S. District Court 2017Na50133), and C appealed appealed, but the appeal was filed on December 21, 2017.