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(영문) 수원지방법원성남지원 2015.01.30 2013가단39918

토지인도 등

Text

1. The defendant shall be the plaintiff.

(a) Attached Form among the lands listed in the Attached List;

1. Indication 1, 2, 3, 4, 5, 5, of the results of the survey of current cadastral status;

Reasons

1. Basic facts

A. The Plaintiff completed the registration of ownership transfer on May 30, 198 with respect to C, 3295 square meters (hereinafter “the Plaintiff’s land in this case”). The Defendant completed each registration of ownership transfer on October 30, 1998 with respect to D, D, 846 square meters and E, 114 square meters adjacent to the Plaintiff’s land in this case, and operates a restaurant on each of the above lands.

B. The defendant from around 2000 to the plaintiff's land of this case

1. The Defendant occupied and used a portion of 112 square meters in the ship (A) which connects each point of the cadastral status survey with the indication 1, 2, 3, 4, 5, 6, and 1 each point in sequence, as a restaurant site operated by the Defendant, among the land in dispute in the instant case, the attached Form among the land in dispute in the instant case

2. Each of the instant trees (hereinafter referred to as “each of the instant trees”) listed in 1,4, 14, 16, 23, 25, and 26 of the drawings was planted, and each of the instant trees (hereinafter referred to as “each of the instant trees”) listed in 2, 3, 5, 6, 13, 15, 22, 24, and 27 of the said drawings was installed, each of the instant street lamps (hereinafter referred to as “each of the instant street lamps”) connected with each of the items listed in 7, 8, 9, 10, 11, 12, and 7 of the same drawings, each of which was successively connected with each of the items listed in 13 square meters in the “section 13 square meters inboard” (hereinafter referred to as “the instant ceiling mar”), and each of which was installed in the instant stone 3 square meters in order to protect 3 square meters in the ship.

C. From November 1, 2003 to October 31, 2014, before the elapse of 10 years from October 30, 2013, when the Plaintiff filed the instant lawsuit, the rent for the land in the instant dispute from November 1, 2003 to October 31, 2014, which was close to the closing date of the pleadings in the instant case, is obvious that the sum of the annual rent of KRW 9,912,00,00, out of the result of the appraisal of rent for the appraiser F, 8,796,480.

The rent after November 1, 2014 is ratified as KRW 1,071,840 per annum.

[Reasons for Recognition] Fact that there is no dispute, Gap evidence 1-3, and Gap evidence 2, the result of the on-site verification by this court, the result of the survey and appraisal by the appraiser F, the result of the appraiser F's fee appraisal by the appraiser F.