토지명도등
1. The plaintiff's appeal is dismissed.
2. Upon the plaintiff's preliminary claims added by this Court:
A. The defendant.
1. The reasoning of the judgment of this court concerning this part of the judgment on the plaintiff's primary claim is as follows, except for the addition of the judgment below to the defendant's argument, and therefore, it is justified in accordance with the main sentence of Article 420 of the Civil Procedure Act.
【Additional Judgment Part】 The defendant asserts that when the plaintiff's request for removal of the building of this case and delivery of the land of this case are accepted, the plaintiff exercised his right to purchase the building of this case, and that the plaintiff's duty to pay KRW 100 million for the value of the building of this case and the duty to deliver the
On the other hand, the above argument by the defendant is based on the premise that the plaintiff's primary claim is accepted, and as seen earlier, the plaintiff's primary claim is not accepted, so the defendant's above argument is without merit.
2. Judgment on the plaintiff's conjunctive claim
A. If the Plaintiff’s assertion has legal superficies on the instant land, the Defendant shall pay to the Plaintiff the land rent of KRW 6,3120,000 from August 4, 2006 to August 4, 2016, and damages for delay therefrom, and the land rent of KRW 6,10,00 per month from August 5, 2016 to the date on which the Plaintiff loses the Plaintiff’s ownership or the date on which the Defendant occupies the land.
B. Determination 1) We examine the facts that the Plaintiff completed the registration of ownership transfer on July 17, 2015 with respect to the instant land. According to the appraiser F of the first instance court’s appraisal, the fact that the monthly rent from January 1, 2010 to December 31, 2010 can be recognized as the facts constituting 6.10,000 won, and the monthly rent from January 1, 201 to January 1, 201 is confirmed as the same as the annual rent for the immediately preceding period. Accordingly, the Defendant is confirmed as the Plaintiff’s acquisition date of the instant land from July 17, 2015 to August 4, 2016 = 7,970,000 won (= from July 17, 2015 to December 37, 2016 to July 27, 2016 to July 16).