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(영문) 의정부지방법원 고양지원 2018.11.30 2018가단77605
토지인도
Text

1. The Plaintiff:

A. Defendant B, among the lands listed in the attached list of real estate, marked 10, 9, 16, 19, 20, 21.

Reasons

The plaintiff is the owner of the land listed in the attached Table 1 (hereinafter referred to as the "land of this case") and the defendant B is the order of the land of this case.

1.(a)

2) Part of the land indicated in paragraph (1) (hereinafter “Defendant B’s portion of land”).

(1) the order on the ground in possession of the

1.(a)

1) Each building described in paragraph (1) (hereinafter “Defendant B-owned buildings”).

the owner of the land of this case, Defendant C shall be subject to the order of this case

1.(b)

2) The part of each land described in paragraph (1) (hereinafter “Defendant C occupied part”).

(1) the order on the ground in possession of the

1.(b)

1) Each building described in paragraph (1) (hereinafter “Defendant C-owned buildings”).

The Plaintiff is the owner of the Plaintiff. The Plaintiff filed a lawsuit against the Defendants under this court’s 2012da10136 seeking removal, etc. of each of the Defendants’ respective building owned by the Defendants. On February 17, 2015, the said court dismissed the Plaintiff’s claim for removal on the ground that the legal superficies under each customary law is recognized with respect to the part occupied by Defendant B, and the part occupied by Defendant C. Defendant B paid to the Plaintiff an amount at the rate of KRW 985,500 per annum from June 21, 2013 to June 21, 2013, with the land rent under the statutory superficies under the above customary law, and Defendant C paid to the Plaintiff an amount at the rate of KRW 837,000 per annum from June 21, 2013 to June 21, 2013 (hereinafter “instant judgment”).

(2) The instant judgment became final and conclusive on March 12, 2015. After the instant judgment became final and conclusive, the Defendants did not pay rent for each of the Defendants’ respective possession until then. On March 26, 2018, the Plaintiff expressed to the Defendants a wish to claim the extinguishment of statutory superficies on the ground of the aforementioned delinquency in payment of rent. [Grounds for recognition] In the absence of dispute, Party A’s evidence Nos. 1 through 6 (including partial number of proof, hereinafter the same shall apply).

(2) Each entry, as a whole, as set forth in sub-paragraph (1) to (6) of this paragraph.

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