beta
(영문) 수원지방법원 2018.06.14 2017나16393

지료금 등

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. Facts of recognition;

A. The Plaintiff is an owner of 949 square meters in Ansan-si (hereinafter “instant land”).

B. On February 19, 1981, the Defendant completed the registration of initial ownership by constructing a mentmenve block building (hereinafter “instant building”) on the instant land, F, and G’s land on each of the instant land and G. The Defendant completed the registration of initial ownership by constructing a mentmen block building in a warehouse for 50 square meters.

The instant building occupies 133 square meters of the instant land (hereinafter “instant building site”).

C. In the mid-1970s, the Plaintiff leased the instant building site to the Defendant at the end of 15 rice each year without setting a period, but the Defendant did not pay the said rent for about four years. On June 30, 201, the Plaintiff filed a lawsuit against the Defendant seeking delivery of the instant building site and removal of the portion of the instant building site upon termination of the said lease agreement on the ground that the said lease was overdue as Suwon District Court would be KRW 2011No 11714, Suwon District Court, and on July 27, 2011, the said lease was terminated by delivering the duplicate of the said complaint to the Defendant on July 27, 201. On February 1, 2012, the judgment in favor of the Plaintiff was pronounced, and the said judgment became final and conclusive as is due to the Defendant’s failure to file an appeal.

However, the Defendant did not perform his/her duty according to the above final judgment, and instead filed a lawsuit against D on January 9, 2017, against Suwon District Court Decision 2017Kadan297, the claim for the acquisition of ownership transfer of the instant building. The judgment in favor of the Defendant was rendered on May 26, 2017 because D did not dispute D, and the said judgment became final and conclusive as it was because D did not appeal. Accordingly, on August 4, 2017, the ownership transfer registration of the instant building was completed in D in the future.

E. From July 27, 2011 to August 3, 2017, the amount equivalent to the rent for the instant building site is KRW 17,597,000.

[Ground of recognition] Facts without dispute, Gap 1, 3, 5 evidence, Eul 4 and 6 evidence, the result of the appraisal commission to appraiser E by the court of first instance, the purport of the whole pleadings

2. The building that is judged by social norms is its site.