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(영문) 창원지방법원통영지원 2019.04.24 2019가단462
건물 철거 및 토지인도
Text

1. The Defendants jointly indicate the attached Form No. 1, 2, 3, 4, and 5 square meters in JJ 185 square meters in macro-si.

Reasons

1. Basic facts

A. The Defendants’ establishment of legal superficies as to the instant land 1) K is J-gi 185 square meters J-si (hereinafter “instant land”).

(A) On the ground and in order to each point of “A”, “B”, “C”, “D”, and “A”, the parts of “A” connected to each point of “A” are 15 square meters away from a block set of block structure, string roof roof, one story of the same drawings, “ma”, “F”, “g”, “A”, and “Ma”, connected in sequence each point of “A”, “A”, “B”, “B”, “A” and “A”, and each point of “A”, which are connected with each point of “A”, “B”, “A”, “A” and “A” and “A”, and each part of “A”, “A” and “A” shall be the “instant building”, and all of the above buildings shall be the “instant building”.

(4) In the case of the building of this case, the registration of ownership preservation was not completed.

(2) On October 11, 2004, K donated this case’s land to Defendant I, an ASEAN, and Defendant I completed the registration of ownership transfer on the instant land on November 8, 2004.

3) On September 18, 2005, K died, and thereafter, K succeeded to the instant building according to its ownership shares. 4) Since then, K succeeded to the instant land, the public auction procedure was initiated regarding the instant land. The Plaintiff completed the ownership transfer registration procedure for the public sale on October 21, 2014, the Changwon District Court Dao District Court 63390, the receipt on November 5, 2014, and the ownership transfer registration procedure was completed on October 21, 2014.

5 The Plaintiff filed a lawsuit against the Defendants on the removal of the instant building and delivery of the instant land under the Changwon District Court Tongwon Branch 2015Kadan1177. On November 27, 2015, the said court acquired the statutory superficies under the customary law for the purpose of owning the instant building with respect to the instant land, and the Defendants acquired the said statutory superficies along with the ownership of the instant building, on the grounds that the said legal superficies was transferred, the Plaintiff’s claim for removal of the instant building and delivery of the instant land shall be dismissed, and the Defendants’ claim shall be dismissed.

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