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(영문) 대구지방법원 2019.11.19 2019가단109411
건물등철거
Text

1. The Defendants removed a building on the ground of 268 square meters on the part of the Plaintiff, Gyeongbuk-gun, Gyeongbuk-gun, and deliver the said land to the Plaintiff.

2...

Reasons

1. Basic facts

A. The Plaintiff is the owner of 268 square meters (hereinafter “instant land”). The Plaintiff’s father, the father of the Defendants, constructed and used 41.46 square meters of the earth, brick structure, detached housing (hereinafter “instant building”).

B. The Plaintiff permitted the use of the instant land under the condition that the J manages the seedlings of Plaintiff Shipbuilding, but was to receive KRW 300,000 from 207 to 300,000, and Defendant H, who is the child of J, remitted each year to the Plaintiff KRW 300,000 as the land rent for the instant land from 207 to 2012.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 4, images, the purport of whole pleadings

2. The judgment was examined, and the Defendants, as the inheritors of J, set the land rent of KRW 300,00 from 207 to 201. However, as seen earlier, the Defendants paid the land rent of KRW 200 to 2012 from 207 to 2012. Thus, according to the above facts, the Defendants did not pay the land rent for more than two years. Thus, the Defendants’ superficies were extinguished due to the Plaintiff’s filing of the instant lawsuit pursuant to Article 287 of the Civil Act.

Therefore, the Defendants are obligated to remove the instant building and deliver the instant land to the Plaintiff.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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