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(영문) 인천지방법원부천지원 2020.03.19 2019가단25297
법정지상권 지료 등 청구
Text

1. The attached Form 2,703 square meters among the land for 2,703 square meters in Kimpo-si for the main defendant's building of mentirable block.

Reasons

1. Facts of recognition;

A. Preliminary Defendant completed the registration of ownership transfer on the ground of sale on July 18, 1977 with respect to 523 square meters of E farm site on July 27, 197.

B. On March 1979, the conjunctive Defendant newly constructed a building not registered as a mentbble block building or a steel plate roof (hereinafter “instant building”) with no construction permit. Of the above buildings, some of the above buildings are located on the ground of (b) the section 91 square meters (hereinafter “section 91 square meters”) which connects each point of (i) the annexed drawing No. 1, 2, 10, 9, 8, 7, and 1 in sequence among the above land for stock farm (hereinafter “instant building”).

C. Preliminary Defendant transferred the instant building to F, the wife, and F, on June 23, 2012, transferred the instant building to the primary Defendant, N, N, N, the Defendant, again.

G Union completed the registration of establishment of a neighboring farm site on October 13, 2010, and H completed the registration of ownership transfer on July 30, 2013 with the bid of the above farm site on the same day.

E. On April 26, 2016, the Plaintiff received a successful bid for the said stock farm site in a voluntary auction procedure, and completed the registration of ownership transfer on April 29, 2016, and on January 3, 2018, the said stock farm site increased to 2,703 square meters by combining neighboring land.

(hereinafter “instant land,” regardless of whether it is before or after the increase or decrease in the area. 【Grounds for recognition, the fact that there is no dispute, Gap’s evidence Nos. 1 through 5, Eul’s evidence No. 3, and the purport of the whole pleadings.

2. Determination as to the claim against the primary defendant

A. If a transferee of land and a building, belonging to the same owner of the statutory superficies established and a building on the ground, could not complete the registration of ownership transfer due to the relationship between the unregistered building and the transferor, the ownership still remains in the transferor. If the owner of land and the building are changed as a result of the exercise of the mortgage established on the land as a result of the exercise of the mortgage established on the land, the transferor

In addition, the building owner.

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