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(영문) 부산지방법원 2016.08.30 2016가단306968
토지인도
Text

1. The defendant shall remove the buildings listed in attached Form 2 on the ground of the land indicated in attached Form 1 to the plaintiff and the above land.

Reasons

1. It is recognized that the Plaintiff completed the registration of ownership transfer on August 24, 2015 due to the purchase and sale of the land listed in attached Table 1 (hereinafter “instant land”) on May 18, 2015, and that the Defendant owned and occupied a building listed in attached Table 2 (hereinafter “instant building”) on the ground of the instant land, in view of the absence of dispute between the parties to the determination as to the cause of the claim, or according to the respective entries in subparagraphs 1 through 3 as well as the overall purport of visual images and pleadings as to the land listed in attached Table 1 (hereinafter “instant land”).

According to the above facts, the defendant is obligated to remove the building of this case on the ground of the land of this case and deliver the land of this case to the plaintiff, except in special circumstances.

2. Judgment on the defendant's assertion

A. The defendant's assertion 1) around 1950, the defendant constructed the building of this case with the consent of use from B, which was the owner of the land of this case, and even though there was any change in ownership on the land of this case, there was no special agreement between each owner and the building of this case to remove the building of this case. Thus, the defendant has the legal superficies under customary law as to the land of this case, and further has the right to claim purchase of the building of this case against the plaintiff as the holder of superficies.

3. The plaintiff shall prepare a document as if he had paid compensation to the defendant in the real estate rental auction case concerning the land of this case.

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