임대료등
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. In the first instance court, the Plaintiff filed a claim against the Defendant for damages, such as rent, removal, and waste disposal, expenses for compulsory execution, etc. on the ground that the Defendant illegally occupied the Plaintiff’s real estate, but the court of first instance rejected the claim for rent, in full, for removal, and waste disposal, while citing the claim for expenses for compulsory execution.
Since only the defendant appealed against this, the subject of this Court's adjudication is limited to the claim for rent, removal, and waste disposal costs.
2. Facts of recognition;
A. On August 19, 2014, the Plaintiff completed the registration of ownership transfer with respect to the first floor of Seodaemun-gu Seoul Metropolitan Government Officetel No. 102 (hereinafter “instant real estate”).
B. The Defendants, while occupying an area equivalent to 70% of the area of the instant real estate and operating an office, retired from the instant real estate on October 4, 2014.
C. The Plaintiff paid KRW 1,00,000 to the partitions installed by the Defendants on the instant real property, as well as waste disposal costs.
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 3 and 5 (including additional number), the purport of the whole pleadings
3. Determination as to the cause of action
A. According to the facts of recognition as above, the Defendants were obligated to compensate for damages equivalent to the rent, since they illegally occupied the instant real estate from August 19, 2014 to October 4, 2014, the Defendants retired from the instant real estate, which the Plaintiff acquired ownership of the instant real estate from August 19, 2014.
The calculation shall be as follows:
The amount of damages equivalent to the rent: 3,220,000 won [=the amount equivalent to the monthly rent of the instant real estate 3,000,000 won by Defendant B was the amount equivalent to the monthly rent of the instant real estate 3,000,000 won. 】 The ratio of the area occupied by the joint possession area x 70% x (47 days during the joint possession period 46 days or the claim by the Plaintiff).
/ 30 days)
B. The Defendants illegally committed the instant real estate, including waste disposal costs.