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(영문) 서울서부지방법원 2015.07.02 2014나7333

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. The following facts do not conflict between the parties, or may be acknowledged in full view of the statements and images set forth in Gap evidence Nos. 1 to 6, 7, 10, 12, 13, Eul evidence Nos. 4, 7, and 8 (including additional numbers) and all purports of the pleading:

The Plaintiff completed the registration of ownership transfer on May 2, 2005 with respect to Seodaemun-gu Seoul Metropolitan Government 115 square meters (hereinafter “the instant site”), D 20 square meters (hereinafter “the instant two site”), E large 13 square meters (hereinafter “instant three site”); and each of the said sites collectively referred to as “each of the instant sites”; and the Plaintiff completed the registration under its name on May 2, 2005.

B. The Defendant, as the owner of the building site F, G, H, and its ground adjacent to each of the instant sites, uses each of the instant sites as passage roads and parking lots, etc.

C. On August 25, 2008, the Plaintiff’s husband, on behalf of the Plaintiff, demanded the Defendant to pay the fee for each of the instant lands on behalf of the Plaintiff. Around September 2009, the Defendant did not comply with the demand, the Plaintiff installed a fence on the instant 2 and 3 sites in the vicinity of the Defendant’s building, and the Defendant filed a complaint against the Defendant under suspicion, such as general traffic obstruction.

Around March 12, 2010, the Defendant agreed with the Plaintiff on behalf of the Plaintiff to pay the fee to the Plaintiff from the date of removal instead of the Plaintiff, even if the said steel scrap plate was removed, and on March 25, 2010, the Defendant agreed to pay the fee to the Plaintiff. In relation to the payment criteria, around March 25, 2010, 33 square meters (in the entry and exit part; hereinafter “the instant land portion”) of the instant land and the instant 2 and 3 sites at the expense of the Plaintiff to request appraisal based on the market price at the Korea Appraisal Board.

(hereinafter “Agreement on Payment of Fees of this case”). (e)

However, the plaintiff shall request a foreign appraisal corporation to appraise a user fee and the defendant according to the appraisal price assessed by the said corporation on the ground that the Korea Appraisal Institute does not receive a private appraisal application.