beta
(영문) 대구지방법원상주지원 2020.07.02 2019가합5150

유익비

Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is the owner of 17,276 square meters (hereinafter “the entire land of this case”) of the Gyeongcheon-gun, Gyeongcheon-gun, Chungcheongnam-do prior to the division, and the Plaintiff was a person who cultivated the entire land of this case from around 1979 to the Defendant as an orchard by lending or leasing the entire land for use and making profits therefrom.

B. In around 1984, the Plaintiff developed the entire land of this case, which was in the original state of forest land with the Defendant’s consent, as an orchard. On November 9, 1985, the land category of the entire land of this case was changed from forest land to orchard.

C. The Plaintiff has been using and making profits from the entire land of this case without compensation. However, since around 1999, the Defendant agreed with the Defendant to pay the fee for the use of the entire land of this case as the amount of 1,000 won of the 2nd class grain of this case (789,600 won) per year from 199, considering the issue of equity with other clan members.

At the ordinary general meeting of the clan held on January 26, 2003, the Defendant, including the unpaid portion of the Plaintiff’s usage fees up to that time, reduced the usage fees of the entire land of this case to 400 won per year from December 31, 2007, including the unpaid usage fees up to that time, and then decided to make a subsequent decision on usage fees thereafter. The Plaintiff consented to the contents of the above resolution, and the Plaintiff paid KRW 3,68,550 as total usage fees of the entire land of this case from 2006 to 2019.

E. On September 18, 2018, the Defendant sold part of 7,221 square meters, incorporated as a site for the construction of the Public Welfare Center in the Docheon-gun, Chungcheongnamcheon-gun, Chungcheongnamcheon-do, in the form of KRW 1,418,926,50. On September 19, 2018, the registration of ownership transfer was completed for 721/172 of the entire land of the instant case on September 19, 2018. The entire land of this case was divided into three parcels according to the division of common property and divided into 10,05 square meters in the form of 10,05 square meters in the form of the Defendant’s exclusive ownership, E-U. 7,160 square meters in the form of 7,000 square meters in the form of 721 square meters in the form of F.1 square meters in the form of the entire land.