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1. The defendant
(a) Of the real estate listed in the separate sheet, each point is indicated in the separate sheet No. 1, 2, 6, and 1.
Reasons
1. Facts of recognition;
A. On June 14, 2016, the Plaintiff purchased each real estate listed in the separate sheet (hereinafter “instant land”) and completed the registration of transfer of ownership on July 20, 2016.
B. On April 10, 1987, the Defendant completed the registration of the transfer of ownership with respect to the land of 1,438 square meters in Seo-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoul, an area adjacent to the instant land, and owned the said land and its ground buildings (hereinafter “the instant building”).
(c)
Part of the instant building is located above 40 square meters in the ship which connects each point of 1, 2, 6, and 1 square meters of the annexed drawing among the instant land, and is located above 2, 3, 4, 5, 6, and 2 of the drawings, such as one square meter of a building for 1 square meters in the ship that connects each point of 2, 3, 4, 5, 6, and 2.
(d)
The appropriate annual rent of KRW 5,431,00 for the key issues of this case from July 21, 2016 to February 25, 2019 is KRW 2,166,440 for the adequate annual rent of KRW 2,395,00 for the period from February 25, 2019 and around June 8, 2020 for the appropriate annual rent of KRW 2,395,00 for the period from February 25, 2019.
[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 and 6, and the court's high branch offices of the Korea Land Information Corporation and each appraisal commission to D, the purport of the whole pleadings
2. According to the above facts finding as to the cause of claim, the Defendant owned the instant building on the key part of the instant land owned by the Plaintiff and obstructed the exercise of the Plaintiff’s ownership, obtains profit equivalent to the royalty without any legal ground, and suffered loss equivalent to the same amount as the Plaintiff.
Therefore, the Defendant calculated at the rate of KRW 5,431,00, an amount equivalent to the appropriate rent from July 21, 2016 to February 25, 2019, which is the amount equivalent to the Plaintiff’s reasonable rent from February 26, 2019 to June 7, 2020, as well as KRW 2,16,440, an annual rent equivalent to the amount equivalent to the pertinent rent from February 26, 2019 to June 7, 2020.