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(영문) 대구지방법원 2015.06.17 2015나449
지상권설정등기 인수청구 등
Text

1. The part against the defendant in the judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 2,331,00.

Reasons

1. Basic facts

A. B, D, and E completed the registration of transfer of ownership for reasons of sale due to compulsory auction conducted on October 1, 2007 by the Daegu District Court Registry No. 47346, Oct. 8, 2007, receipt No. 47346, Oct. 1, 2007, with respect to shares of 1/3 of each of the real estate listed in the separate sheet.

B. D and E completed the registration of transfer of ownership due to sale and purchase as of November 19, 2007 from No. 54814, which was received on November 19, 2007, and Oct. 19, 2007, with respect to 1/3 shares of each of the real estate listed in paragraph (1) of the [Attachment List No. 1] (hereinafter “instant building”), among the real estate listed in paragraph (2) of the [Attachment List No. 2], as to 1/3 shares of D and E from among the real estate listed in the [Attachment List No. 54815, Oct. 19, 2007, the registration of transfer of ownership due to donation as of October 19, 2007.

C. As to the instant building site, the Plaintiff completed the registration of ownership transfer due to a compulsory sale by official auction as of April 19, 2012, No. 18690, which was received on April 19, 2012, and April 19, 2012. The Defendant completed the registration of ownership transfer for the instant building due to the sale by official auction by official auction as of August 22, 2014, which was received on August 22, 2014, No. 165171, Jul. 31, 2013.

The monthly rent of the instant site is as follows.

From April 19, 2012 to April 18, 2013: 264,000 won to April 19, 2013: from April 19, 2013 to April 18, 2014: 270,000 won to April 19, 2014: (a) there is no dispute over KRW 278,000 (based on recognition); (b) there is no evidence 1-2, and 2-2; (c) the statement of evidence 1-2, and 2-2; (d) the result of the entrustment of appraisal by the court of first instance to the court; and (e) the purport of the entire pleadings.

2. Determination

A. According to the above facts, the defendant is obligated to pay land rent to the plaintiff who is the owner of the land of this case as legal superficies.

Therefore, the monthly rent of the instant site is as seen earlier, and the monthly rent of the instant site is 278,000 won after April 18, 2015.

B. Therefore, the Defendant acquired ownership of the instant building from July 31, 2013 to April 18, 2014 (=2,331,000 won x 270,000 won x 18 months x 8 months) and the Defendant.

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