beta
(영문) 인천지방법원 2014.01.16 2012가단85884

토지인도등

Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. Of Yongsan-gu Seoul Metropolitan Government 561m2, the attached appraisal map is marked 11.12.

Reasons

1. Determination on the main claim

(a) The facts subsequent to the facts of recognition do not conflict between the parties, or can be acknowledged by comprehensively taking into account the following facts: Gap evidence 1-1-4, Gap evidence 2, Gap evidence 4-5-1-2, Gap evidence 6-1-7, video and the results of the survey and appraisal entrusted to the Korea Cadastral Corporation, the results of the survey and appraisal entrusted to the Korea Cadastral Corporation, and the whole purport of arguments.

(1) On April 9, 2004, the Plaintiff acquired shares of 169.7/224.6 of the land before the subdivision of Yongsan-gu Seoul Metropolitan Government (hereinafter “Plaintiff’s land”) but acquired the sole ownership of the instant land under the Act on Special Cases Concerning the Partition of Co-Owned Land on January 12, 2007. On May 24, 2006, the Defendant acquired the land of Yongsan-gu Seoul Metropolitan Government D (hereinafter “Defendant’s land”) and the above ground buildings (hereinafter “Defendant’s building”).

(2) Of the Plaintiff’s land, a part of the Defendant’s building on the first floor assembly-type building, a second floor balcony, a fence, etc. is installed on the part (B) and 5.8 square meters (hereinafter “the part of the Defendant’s land”) connected each point on December 11, 11, 199, in sequence with the indication of the attached appraisal map on the Plaintiff’s land.

(3) From May 24, 2006 to May 23, 2007, the Defendant’s ownership of the Defendant’s land among the Plaintiff’s land, the monthly rent of KRW 58,730; KRW 704,70 for annual rent from May 24, 2007 to May 23, 2008; KRW 65,170 for annual rent; KRW 781,990 for annual rent from May 24, 2008 to KRW 7.35,350 for annual rent from May 24, 2008 to KRW 7.4,50 for KRW 20 for annual rent from May 24, 2008 to KRW 7.5,50 for KRW 20 to KRW 7.45,350 for annual rent from May 23, 2009; KRW 904,200 for annual rent from May 24, 2009 to KRW 18.3

(b)boards;