beta
(영문) 대구지방법원 2015.01.29 2013나2915

임대료

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. As to the instant land that was originally owned by the Defendant (3,819 square meters, D 2,040 square meters, E 1,921 square meters, etc. prior to the annexation), the registration of transfer of ownership in the name of the deceased Fur (Death on Jun. 3, 2010; hereinafter “the deceased”) due to the sale on Oct. 25, 2005 was completed as of Oct. 26, 2005 with respect to the instant land (3,819 square meters, D 2,040 square meters, E 1,921 square meters), as of Oct. 25, 2005, and as of Mar. 26, 2008, the registration of transfer of ownership in the Plaintiff’s name was completed on March 1098, 208.

B. From March 19, 2008 to October 6, 2012, the Defendant occupied and used the attached appraisal map of 313 square meters, 313 square meters, 612 square meters, and 259 square meters (hereinafter “the land occupied by the Defendant”) among the instant land. The rent for the period from March 19, 208 to October 5, 2012 concerning the land occupied by the Defendant is KRW 4,759,680, and the rent for the period from October 6, 2012 is KRW 118,400 per month.

[Reasons for Recognition] Unsatisfy, Gap evidence 2, Eul evidence 1 (including a provisional number; hereinafter the same shall apply), the result of the survey and appraisal by the court of first instance, the result of the survey and appraisal by the court of first instance G of the first instance, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff, the owner of the land occupied by the Defendant, the amount equivalent to the rent from March 19, 2008 to October 5, 2012, which is the amount equivalent to the rent, from October 6, 2012, and the amount calculated at the rate of KRW 118,40,00 per month from October 6, 2012 to the completion date of the transfer of the land occupied by the Defendant.

3. Judgment on the defendant's assertion

A. The summary of the argument 1) The Deceased’s sales contract with the Defendant on October 25, 2005 (hereinafter “instant sales contract”).

(2) Although there is no evidence to conclude a contract, in collusion with the certified judicial scrivener H, forged the sales contract and completed the registration of ownership transfer in the name of the deceased on the instant land. (2) Even if the registration in the name of the deceased was not made by a forged document, this is an obligation against the deceased’s Defendant.