beta
Text
1. The Plaintiff:
(a) Defendant B leaves the real estate in the attached list No. 1; and
B. Defendant C shall list (1) the annexed sheet.
Reasons
1. Following the facts of recognition are as follows: Defendant C led to confession pursuant to Article 150 of the Civil Procedure Act; it can be acknowledged in full view of the respective entries and arguments as set forth in subparagraphs A and 4 (including paper numbers) between the Plaintiff and Defendant B; and the facts to be described in this part are as set forth in the annexed sheet.
2. Judgment on the plaintiff's claim
A. In the event that the superficies of Defendant C is established and the amount of the rent is determined by the judgment, if the person holding superficies delays in the payment of the rent for a considerable period of time after receiving a claim for the rent from the person holding superficies after the judgment became final and conclusive, the owner of the land is entitled to claim the termination of the superficies under Article 287 of the Civil Act even if the rent is delayed for at least two years before and after the final and conclusive judgment, and the owner of the land is not entitled to claim the termination of the superficies only when he/she delays the payment of the rent for at least two years from the date when the judgment became final and conclusive (see Supreme Court Decision 2005Da37208, Oct. 13, 2005). According to the above facts, as long as Defendant D did not pay the rent for at least two years after January 23, 2013, the Plaintiff, the owner of the land, is entitled to claim the extinguishment of the statutory superficies under Article 287 of the Civil Act.
B. Even in cases where the owner of land is entitled to demand the owner of the building to remove the building and deliver the site on the ground that Defendant B has no right to use the building for its existence, if a person other than the owner of the building occupies the building, the owner of the land shall not undertake the removal of the building unless the owner of the building removes the possession of the building.
Therefore, the ownership of land at that time is likely to interfere with the smooth realization of the land by the above possession.