beta
Text
1. The acquisition intervenor of Defendant C indicated in attached Form 11, 12, 13, 14, and 11 among the land size of 694 square meters, which is part of the 694 square meters, Jeonbuk-gun, Chungcheongnam-gun, Jeonbuk-gun.
Reasons
1. Basic facts
A. On June 10, 2015, the Plaintiff completed the registration of ownership transfer in the name of the Plaintiff for the sale of 2/11 shares (attached Form 2) out of 694 square meters (hereinafter “instant land”) in the area of 2/11 shares (hereinafter “instant land”).
B. Defendant B is the owner of the share of 9/11 out of the instant land, and the owner of the housing with 22.85 square meters above the 122.85 square meters above the instant land and the ground warehouse with 7.52 square meters above the section 7.52 square meters above the instant land (hereinafter “instant housing, etc.”).
C. Defendant C sold the instant retail store, etc. to Defendant C (hereinafter “Defendant D”) on July 31, 2015, and completed the registration of ownership transfer in the name of Defendant D with respect to the instant retail store, etc. on August 11, 2015.
Defendant B occupies 606.72 square meters (87.4%) among the instant land owned by the instant housing, etc., and Defendant D occupies 87.28 square meters (12.6%) among the instant land owned by the instant retail store, etc.
E. Of the instant land, the monthly rent from June 5, 2015 on the share of 2/11 owned by the Plaintiff is KRW 162,770.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 2, and 3, the result of the request for the appraisal of rent by this court, the purport of the whole pleadings
2. Determination as to the cause of action
A. According to the facts acknowledged earlier as to the claim against Defendant B, Defendant B, the holder of the ownership of the instant land 9/11, is deemed to have infringed on the Plaintiff’s right to share while exclusively occupying, using, and earning profit from 606.72 square meters (87.4%) out of the instant land.
Therefore, Defendant B, from June 5, 2015 to December 4, 2016, when the Plaintiff acquired the ownership of the instant land, 18 months.