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(영문) 서울중앙지방법원 2020.10.23 2020나2600

토지인도등

Text

1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

3. It is so ordered as per Disposition by the court of first instance.

Reasons

1. Basic facts

A. On May 23, 2005, the Plaintiffs completed the registration of ownership transfer based on sale on May 18, 2005, with respect to each of 1/2 shares among the Dongjak-gu Seoul Metropolitan Government E-291 square meters (hereinafter “instant land”).

B. On January 22, 2010, the Defendants completed the registration of ownership transfer for each 1/2 portion of F.F. 175 square meters and each 1/2 share of each of the instant single-story housing units (hereinafter “instant building”) adjacent to the instant land on January 22, 2010.

C. Meanwhile, from the time when the Defendants purchased the instant building, a fence, gate, and structure was installed on the ground of “B” portion of 112 square meters in sequence of each point of the annexed drawing indication 8, 9, 10, 11, 12, 13, 14, 15, and 8 among the instant land (hereinafter “the instant land occupied by the Defendants”), and the said land was used as part of the finishing party or the seating capacity of the instant building.

The sum of the rent from January 22, 2010 to August 2, 2019 for the Defendants’ possession site reaches KRW 56,079,704. The monthly rent around the closing date of the pleadings in this case is KRW 896,00 and the monthly rent thereafter is presumed to be the same.

[Ground of Recognition] Facts without dispute, Gap 1 through 11 evidence, Eul 17 and 18 evidence or images, the result of the measurement and appraisal commission to the Korea Land Information Corporation of the first instance court, the result of the commission of the appraisal to the appraiser G of the first instance court, the purport of the whole pleadings

2. The assertion and judgment

A. The following circumstances acknowledged by the above facts and evidence, namely, ① the Defendants completed the registration of ownership transfer based on sale and purchase with respect to each of 1/2 shares in the building and 1/2 shares in Seoul Dongjak-gu Seoul Metropolitan Government. ② Meanwhile, at the time of the Defendants’ purchase of the instant building and the Defendants’ occupation site, the said site had already been installed with fences, gates, and structures, and the said site was already used as the finishing or gardening of the instant building. The Defendants were the Defendants.