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1. Revocation of a judgment of the first instance;
2. The defendant,
A. Plaintiffs A and D respectively KRW 7,249,342, Plaintiff B and C, respectively. 3,459,913.
Reasons
1. Facts of recognition;
A. On September 22, 1943, the land area of Cheongju-si M No. 1,165 square meters (hereinafter referred to as “the same land area”) was divided into 102 square meters and J road No. 767 square meters (the same land category was divided and the same day was changed to the road; hereinafter referred to as “No. 1 road”) and 831 square meters and O.
B. O reply 831 was divided into 825 O No. 10 on November 10, 1953 and 825 P No. 825, and P No. 825 was divided into 123 O No. 123, Q 162, and K 540 on January 10, 195, and Q Q 162 was transferred to the Defendant’s name on March 23, 1955.
C. K 540 square meters was divided into 75 square meters, K 75 square meters, and R 465 square meters on May 1, 1958, and K 75 square meters was changed to a road on June 1, 1958, and 248 square meters (hereinafter “instant 2 road”). D.
L has died on January 5, 1962, and the plaintiffs inherited L's property directly or in order, according to the ratio of shares such as the attached list.
Currently, the first and second roads of this case (hereinafter “each of the roads of this case”) are L in the name of L.
E. From October 8, 2008 to January 6, 2014, the rent of KRW 19,356,730 for shares in the 2,954/4,940 (which is the aggregate of the Plaintiff’s shares) among the roads 1 in this case is KRW 337,870 for the above shares, and the monthly rent of KRW 337,870 for the above shares is KRW 2,954/4,940 from October 8, 2008 to January 6, 2014 for the rent of KRW 6,258,70 for the above shares, and the monthly rent of KRW 109,250 for the above shares is KRW 109,250 for the above shares.
(However, the above rent is the rent assessed on the basis of the "responding" which is the land category at the time of incorporation into the road. The defendant currently occupies and uses each of the roads of this case as a road.
[Ground of recognition] Each entry of Gap 1 to 4 (including paper numbers), Eul 1 and 2 (including each number), and the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the defendant occupies and uses each of the roads of this case, and thus, barring special circumstances, the amount of the rent is reasonable.