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(영문) 대구지방법원 2017.01.20 2015가단47454
사용료
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The registration of ownership transfer was completed on March 25, 1980 with respect to the land of Jeju Special Self-Governing Province, Jeju Special Self-Governing Province (hereinafter “the instant land”). On November 17, 2005, the registration of ownership transfer was completed on the ground of successful bid in the future of the Plaintiff on December 8, 2008. The registration of ownership transfer was completed on November 8, 2008 as a result of voluntary auction procedure for the execution of the said right to collateral security.

B. Defendant B completed each move-in report on July 13, 199, and Defendant C, who is a child, on April 18, 2006, with the land in this case as domicile.

C. At the time when the Plaintiff was awarded a successful bid on the instant land, five buildings other than 50.6 square meters were located on the instant land, including one-story housing, and the Defendants appear to have the same buildings listed in the separate sheet of the instant land and the buildings other than 50.6 square meters on the instant land, and the said buildings and the buildings in which the Defendants reside.

Based on the Plaintiff’s claim, each of the buildings listed in the separate sheet is “the instant building” in which the Defendants reside.

resident in the district.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. As to the Defendants’ assertion that the Defendants may continue to reside in the instant building while paying the fees for the use of the instant land, the Plaintiff failed to pay the land rent for at least two years, and thus the Defendants’ legal superficies were extinguished, and the removal of the instant building is sought by the Defendants. (2) Article 366 of the Civil Act, such as the related legal doctrine, etc., provides that the landowner shall be deemed to have established the superficies against the building owner if the land and the building on the ground of auction of the mortgaged property belong to another owner. However, the land rent shall be determined by the court at the request of the parties.

The above legal superficies is established.

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