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1. The defendant shall be the plaintiff.
A. From January 1, 2014, the Plaintiff owned the ownership of KRW 89,267 and KRW 747 square meters in Dong-gu, Chungcheongnam-gu, Seoul.
Reasons
1. Basic facts
A. The Defendant owned the 747 square meters and D large 288 square meters in the Dong-gu, Nam-gu, Seoul (hereinafter “instant land”). The Defendant newly constructed a cement bridge building and 95 square meters on both the above land (hereinafter “instant building”) on the ground before 40 years ago.
B. However, among the instant buildings, the portion of “A” in the line that connects each point of 1, 2, 3, 4, 5, and 1 each point of 6, 7, 8, 9, and 6 of the same drawings, which are attached to “A” and the portion of “A” in the line that connects each point of 7, 11, 12, 13, 14, and 10 of the same drawings, and the portion of “B” in the line that connects 7, 10, 10, 17, 17, 16, 13, 2, 15, 17, 17, 17, 19, and 13 of the attached drawings, are located on the land of this case by adding the portion of “A” in the line that connects each point of 2, 2, 28, 28, 19, and 13 of the same drawings.
C. On June 13, 2007, the registration of the establishment of a neighboring mortgage-based agricultural cooperative, debtor, defendant, and maximum debt amount of 252,00,000, was completed on the instant land. However, on July 22, 2011, the voluntary auction procedure (Seoul District Court Support E) commenced on the application of the agricultural cooperative in the Eastan National Agricultural Cooperative, and the plaintiff was awarded a successful bid for the instant land at the auction procedure and paid the price on April 19, 2012.
[Ground of recognition] Facts without dispute, Gap 1 and 2 evidence (including paper numbers), result of a request for surveying and appraisal to appraiser F, purport of the whole pleadings
2. Determination on removal and request for extradition
A. The Plaintiff’s assertion that the part of “1” and “2” among the land in the dispute in this case is a building, and thus, the Defendant has legal superficies on the land in this part. However, as the part of “3” through “5” is not a building, the legal superficies is not established, and the above part of the land is not owned by the Plaintiff.