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1. Revocation of the first instance judgment.
2. The Plaintiff:
A. Defendant B indicated on the ground plan in attached Form 1, among the land size of 101 square meters prior to Ha Government-si H, Dong Government-si.
Reasons
1. Facts of recognition;
A. Prior to 195, Defendant B newly built and owned a brick structure and a two-story house (hereinafter “instant house”) on the ground of 1,18, 2, 3, 4, 5, 22, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 1 on the ground of 1, 18, 2, 3, 4, 5, 22, 7, 8, 9, 10, 10, 11, 12, 13, 14, 15, 16, 17, and 63 square meters inboard connected each point in sequence. On June 11, 1996, the registration of ownership transfer for the instant land was completed.
B. On December 2, 2013, the Plaintiff completed the registration of ownership transfer for the instant land based on a public auction conducted on November 22, 2013.
C. On April 16, 2014, the Plaintiff filed a lawsuit against Defendant B who acquired statutory superficies under the customary law against the instant land, and in the appellate trial of the said lawsuit, Defendant B paid KRW 526,040 per month to the Plaintiff as land rent for the instant land and KRW 2,546,040 from April 22, 2014, and from April 22, 2014 to the end date of possession of the said Defendant, the Plaintiff was sentenced to August 30, 2017, and became final and conclusive on September 20, 2017.
(Seoul District Court 2014Na3901 and Daegu District Court 2017Na177) d.
On the other hand, on December 4, 2010, Defendant C leased 40 square meters on the part (A) of the land surface of the instant housing from Defendant B, among the land surface of the instant housing from Defendant B, each of which is attached Table 1, 18, 19, 20, 21, 22, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 40 square meters in sequence.
Defendant E, with the permission of Defendant B, occupies a part (B) of 23 square meters in the ship, which connects each point of the attached Table 3 2, 3, 4, 5, 22, 21, 20, 19, 18, and 2, among the ground floors of the instant housing, in sequence.
E. Defendant B asserted that the Plaintiff did not pay the rent even after the first instance court rendered the above claim for the rent payment, and that the statutory superficies of Defendant B was extinguished on the ground that the land was unpaid, and on April 15, 2016, the instant lawsuit was filed on April 22, 2019 and the instant house on April 22, 2019 and April 26, 201.