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(영문) 춘천지방법원 2016.08.19 2015나5884
건물철거 등
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

(b).

Reasons

1. The reasons for the judgment in this part of the judgment concerning the basic facts and the plaintiff's claim are corresponding to the reasons for the judgment of the court of first instance;

2. Since the judgment on the plaintiff's claim is the same as the judgment on the plaintiff's claim, it is accepted by the main sentence of Article 420 of the Civil Procedure

2. Judgment on the defendants' assertion

A. Determination as to the assertion of statutory superficies under customary law 1) The F clan, the owner of the land of this case, is the owner of the F clan (hereinafter “instant clan”).

(1) After the original acquisition of the instant building by constructing the instant building, the Plaintiff, K, L, and M (hereinafter “Plaintiff”) is the Plaintiff, K, L, and M (hereinafter “Plaintiff”).

As the owner of the land and the building were different from the owner of the land and the building, the clan of this case acquires legal superficies under the customary law for the ownership of the building of this case. On the other hand, since the building of this case was unregistered and unauthorized buildings, and was donated to the tenant and sold to N, and was sold again to N, Defendant D has the right to seek implementation of the procedures for the creation and transfer of superficies against the plaintiff by subrogation of N, So, small farmers, and the clan of this case in the order of priority, the defendants have the right to possess and use the land of this case. (ii) Since the land or the building of this case belongs to the same owner, the owner of the land of this case is entitled to obtain legal superficies under the customary law for the building of this case, provided that the owner of the building has removed the building when both owners became different due to the sale and purchase of the building or any other reason.

Since there is no evidence to deem that the clan of this case was the original acquisition of the building of this case, it cannot be deemed that the land and the building of this case were owned by the same person at the time when the plaintiff purchased the land of this case from the clan of this case.

In addition, the title of the land is owned.

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