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(영문) 청주지방법원 2017.06.01 2016나10262
건물철거 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning for the court's explanation of this case is as follows, in addition to adding the judgment as stated below 2. Additional Judgment on the defendant's additional assertion in the court of first instance, it is identical to the reasoning of the judgment of the court of first instance. Thus, it is citing this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional matters to be determined;

A. 1) The summary of the argument regarding the establishment of statutory superficies under the customary law is that the Defendant owned E before around 2006 the above building (hereinafter “the main text “1, “bb”, “the diversative body”, “v”) and the land indicated in the main text of the building was also owned by E from around 1976 to around 2006, and as the ownership of E was transferred to F, the statutory superficies under the customary law for the ownership of the above building was established and thus, the Plaintiff cannot respond to the Plaintiff’s claim. 2) Unless there is a special agreement that the owner removes the building due to sale and purchase of the land and the building owned by the same person, the owner of the building shall acquire statutory superficies under customary law for the ownership of the building, and the building shall not be necessarily registered and shall not be deemed to have been transferred to the same person, but shall not be deemed to have been transferred to the building site and the unregistered building owner shall not be deemed to have been transferred to the same person (see, e.g., Supreme Court Decision 98Da163164, the building site.

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