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(영문) 서울중앙지방법원 2016.11.17 2016가단39925

사용료

Text

1. Of the instant lawsuit, the part of the user fee of 1549 square meters in the Gu, Si, Gu, Si, Gu.

2. The plaintiff's remaining claims.

Reasons

1. Basic facts

A. On March 6, 2009, the land in the Gu-Si, Gu-si, C, 1685 square meters (hereinafter “the land before division”) was divided into three: C 1549 square meters (hereinafter “the land in this case”; hereinafter “the land in this case”) and D 136 square meters (hereinafter “the two land in this case”).

B. On February 10, 1980, the Plaintiff: (a) purchased the price of KRW 3 million from E, a third village of land before subdivision, and paid the price in full; (b) the Defendant, his father, who did not complete the registration of ownership transfer on November 17, 1994, without any cause, filed a lawsuit against the Defendant and F, with the Seoul Northern District Court Decision 201Da34976, May 27, 2010, alleging that the registration of ownership transfer was completed on May 27, 2010 in the name of Dong Jae-gu, Seoul Northern District Court 2012Da34976, which filed a lawsuit against the Defendant and F, and accordingly, the Plaintiff completed the registration of ownership transfer on the land of this case on August 29, 2013.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1, 2, 3, and 5 (including branch numbers), and the purport of the whole pleading

2. Determination on the cause of the claim

A. As the cause of the instant claim, the Plaintiff claimed for the payment of KRW 18 million for the land usage fee of 30 years from February 10, 1980 to May 27, 2010 for the land of this case, and KRW 22 million for the land of this case, and for the delayed payment of KRW 4 million for the land of this case.

B. (1) According to the record of evidence No. 3 as to the claim on the land of this case, the Seoul Central District Court 2015dada191615 filed against F (hereinafter the “instant case”) and the conciliation was completed on May 8, 2015 from the Seoul Central District Court 2015Gada191615 (hereinafter the “instant case”), and the conciliation clause 2. of the conciliation clause, “Plaintiff (the instant Plaintiff is the Plaintiff)” against the Defendant (referring to F) and Nonparty B (referring to the Defendant) in the future.