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(영문) 서울서부지방법원 2015.05.15 2014가단42632
건물철거 등
Text

1. The Defendant shall display the attached drawings to the Plaintiff among the following multi-household multi-household housing with the brick 304m2 in Eunpyeong-gu Seoul Metropolitan Government 304m2.

Reasons

1. Facts of recognition;

A. The Plaintiff acquired 76/1,330 of the land indicated in the order on September 19, 201 through public sale, and completed the registration of ownership transfer. On November 26, 2012, the Plaintiff acquired 57/1,330 of the land owned by the Defendant through public sale, and completed the registration of ownership transfer.

B. The Plaintiff was rendered a final and conclusive judgment in favor of the Defendant, which owned 401 among the unregistered multi-household houses with the first and fourth floors on the above land in 1991, to pay KRW 3,318,00 and the delay damages therefor, and KRW 415,000 each month after November 12, 2012.

C. Since the above judgment, the defendant did not pay the rent up to the day.

[Grounds for recognition] Gap 1 to 5, the purport of the whole argument

2. According to the above facts of recognition, the legal superficies acquired by the defendant on the above land was extinguished by the plaintiff's claim for extinguishment, as the defendant did not pay the land rent for more than two years.

Therefore, the defendant is obligated to remove the above building 401 and deliver the above land to the plaintiff.

(Right to remove 4010,000,000 won, which is not the whole building, is an act of preserving land ownership, and the defendant, a co-owner, can independently exercise it.)

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