(영문) 부산지방법원 2015.11.19 2015나2772 | 리걸엔진

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Reasons

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(영문) 부산지방법원 2015.11.19 2015나2772

토지사용료

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1. All appeals by the Defendant (Appointeds) are dismissed.

2. The costs of appeal are assessed against the Defendant (Appointed Party).

Reasons

1. Basic facts

A. As to (i) ownership ownership of the instant land and the instant building; (ii) ownership transfer registration in the name of D (3/15) and Defendant et al. (2/15) was completed due to the inheritance on January 28, 2005; and (iii) ownership transfer registration in the name of the Defendant et al. (2/15) was completed on August 24, 201; (iv) Changwon District Court Decision 13778 (3/90) as of September 11, 201, respectively, was completed on the ground of inheritance under the name of the Defendant et al. (3/90) et al. (hereinafter “instant land”).

(A) On October 10, 2012, the shares of the Defendant, etc. were 15/90, respectively). Sheshe received a decision to commence compulsory sale of the shares 15/90 of Defendant E, and the Plaintiff completed the registration of ownership transfer on September 10, 2013, by paying the sale price on August 5, 2013.

Article 28(1) of the Civil Act provides that “The building of this case” shall be the building of this case, and Article 2(1) of the Civil Act provides that “The building of this case shall be the building of this case.”

B. (i) The entire land of this case is used as the site necessary for the location and use of the building of this case.

B. The sum of the annual rent from August 5, 2013 to September 30, 2014 is KRW 409,240, and the monthly rent from October 1, 2014 to October 31, 2014 is KRW 30,240.

[Ground of recognition] The fact that there is no dispute, entry of Gap 1's evidence, the result of the appraisal of rent by the first instance appraiser G, the purport of the whole pleadings

2. Determination as to the cause of claim

A. (i) A co-owner of land may use and benefit from the entire land according to his/her share ratio; however, as long as a majority of shares is agreed among co-owners on the specific method of use and profit-making, one cannot exclusively occupy and use the entire land. Therefore, if a part of the co-owners exclusively occupy and use the entire land, the share of the other co-owners exists.

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