beta
(영문) 대구지방법원 서부지원 2017.01.19 2015가단21398

사용료

Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant, the appointed party), KRW 10,146,636, and KRW 2,264,764, and the Defendant-Counterclaim Plaintiff C.

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. Of the lands listed in the attached list 1 through 4 (hereinafter “each of the instant lands”), the Plaintiff (Appointed Party) acquired ownership of 1/5 shares around June 10, 1998, around October 5, 2007; around June 20, 2008; around G and H held 4/5 shares; and around June 20, 308, Plaintiff (Appointed Party) held 1/5 shares; and around 1/5 shares of 1/5 shares of 146 square meters before 146, before 1997 (hereinafter “I”) and thereafter acquired the ownership of the land (hereinafter “the land”), the Plaintiff (Appointed Party) acquired the ownership of 1/5 shares; and around 146,00 after 195 shares of 14,000 square meters before 146,000.

B. As the chief knowledge of J, the Defendant occupied and used each of the instant land as the site of the inspection by February 28, 2015.

C. Meanwhile, the Plaintiff (Appointed Party) filed a lawsuit against the Defendant seeking the delivery of each of the instant lands by Daegu District Court Branching 2014Gadan2252, and received a favorable judgment from the said court on September 25, 2015, and the Defendant appealed as the Daegu District Court 2015Na16147, but was sentenced to the dismissal of the appeal, and is still pending in the Supreme Court as of the date of closing argument of the instant case.

[Based on Recognition] Unsatisfy, entry in Gap's 1 through 4 (including a provisional number; hereinafter the same shall apply), entry in Eul's evidence 9 and images, appraiser K's appraisal result, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. According to the above facts of determination as to the cause of the claim, since the defendant occupies and uses each of the lands of this case, as to the land D, E, and F, as sought by the plaintiff (Appointed Party) and the appointed party C after the date of acquisition of ownership, it is from June 21, 2008, and I.