사용료
1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 7,810,00,000 with full payment from April 12, 2017.
The principal lawsuit and counterclaim shall be judged together.
Basic Facts
- On May 23, 2007, the registration of ownership transfer was made in the name of the Plaintiff on May 23, 2007 with respect to the area of 142 square meters prior to Gwangju City (hereinafter “Plaintiff’s land”).
- On February 1, 1980, the registration of ownership transfer was made in the name of E with respect to the D-W 261 square meters (hereinafter “Defendant’s land”) in Gwangju-si, Gwangju-si, but E constructed a building on the ground of the Defendant’s land on the second floor of the Chinese-style season and the Chinese-style roof (hereinafter “Defendant’s building”). On November 20, 1992, E made a registration of ownership transfer in the name of E.
- The Defendant’s land and buildings were transferred to F on October 10, 1998, and the ownership was successively transferred to G on March 6, 200.
- The defendant was awarded a successful bid on August 7, 2003 in the auction procedure of real estate rent, and accordingly, on September 6, 2003, the registration of transfer of ownership in the name of the defendant was made in relation to the defendant's land and building.
- Part of the fenced part of the Defendant’s building was installed in the Plaintiff’s land adjacent to the Defendant’s land, such as the attached appraisal sheet, and the area of the Plaintiff’s land is 27 square meters in part of “bb” as indicated in the attached appraisal sheet (hereinafter “instant part”).
- The amount equivalent to the rent from June 1, 2007 to April 11, 2017 on the issues of this case is 7,810,000 won in total.
[Grounds for recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 4 and 5 (including branch numbers; hereinafter the same shall apply), appraiser H’s appraisal result, and the above basic facts as to the claim for judgment on the purport of the entire pleadings are as follows: according to the above basic facts, the defendant owned the defendant’s building and occupied and used the part of the issue of this case among the plaintiff’s land. Thus, barring special circumstances, the defendant is obligated to return the amount equivalent to the profits from the use of the issue of this case from June 1, 2007 to April 11, 2017, as sought by the plaintiff after the plaintiff acquired the ownership of the plaintiff’s land.
In commerce, real estate.