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(영문) 춘천지방법원 2015.06.12 2014나3690
토지인도 등
Text

1. The judgment of the court of first instance is modified as follows.

Defendant 1 (Appointed Party) (Appointed Party No. 2, 2, and 3)

Reasons

1. The reasons why the court should explain this part of the judgment on the cause of the claim are as follows: “Defendant F” is “Defendant G,” and “Defendant G does not have any evidence to acknowledge “Defendant G” as “Defendant G, each of whom is at least the last below the second judgment of the first instance”)” and “The foregoing evidence is recognized based on recognized evidence under the second judgment of the first instance).” Except as to dismissal, it is identical to the reasons set forth in paragraph (1) of the first instance judgment. Therefore, this part is cited in accordance with the main sentence of Article 420 of the

2. Judgment on the defense

A. The gist of the defense was that both the instant land and the instant housing and its appurtenant buildings were owned by A, and A sold the instant housing and its appurtenant buildings to J, and the owners of the land and the building were different.

Accordingly, J acquired legal superficies for the instant housing and its appurtenant buildings with respect to the instant land, and the Defendant acquired ownership by acquiring the instant housing and its appurtenant buildings from J, and received legal superficies under customary law while acquiring ownership from J.

As above, since the defendant is in the position to acquire or take over the legal superficies under customary law, the plaintiffs' claims against the defendant and the Appointor are without merit.

B. 1) First, we examine whether the Defendant acquired legal superficies under customary law on the instant land for the purpose of owning the instant land.

Legal superficies under customary law are superficies recognized under customary law for the ownership of a building by the owner of the building unless there is a special agreement that the land or building belongs to the same person and becomes different from the owner by means of sale, donation, compulsory auction, etc.

Therefore, the acquisition of legal superficies under customary law is not required to be registered.

On the other hand, a person who takes over a ground building from a person who acquired legal superficies under customary law.

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