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(영문) 광주지방법원 2015.08.12 2014나14838
지상권설정등기 등
Text

1.The text of the judgment of the first instance shall be amended as follows:

Defendant (Counterclaim Plaintiff) B and Defendant E are joint.

Reasons

1. Facts of recognition; and

3. The reasoning of the court’s explanation concerning each of the above parts is that the pertinent part of the reasoning of the judgment of the court of first instance is the same as that of the pertinent part, and thus, this is cited by the main sentence of Article 420 of the

2. Determination on the main claim

A. According to the above legal principles and facts, the owner of the building acquires legal superficies under the customary law for the building on the site, unless there is a condition that the owner of the building will remove the building, in particular, if the land belonging to the same owner and the building on the ground becomes different by sale and purchase. Meanwhile, the purchaser who acquired the legal superficies for the ownership of the building by auction from the person who acquired the ownership of the building at an auction sells the building under the condition that the building is demolished after the purchase, the above superficies shall be acquired as a matter of course (see, e.g., Supreme Court Decision 2013Da4345, Sept. 12, 2013). Since the above legal principle and the legal superficies created against Defendant E are to be established, the above building and the building on the ground of the transfer of the legal superficies owned by Defendant E and the above building on the ground of the transfer of the ownership of the building on the site to Defendant EF-6187 square meters, and the above building on the ground of the transfer of the legal superficies under the customary law was divided into 283.7.27.

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