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(영문) 광주지방법원 2020.08.14 2019가단504922
사용료
Text

1. From June 1, 2019, the Defendant indicated the Plaintiff A an appraisal map of KRW 94,200 and KRW 1,425 square meters in annexed sheet 1,2, and 2.

Reasons

1. Determination on the part of Plaintiff A’s claim for rent

A. In fact, Plaintiff A completed the registration of ownership transfer with respect to the land owned by the Plaintiff on September 23, 2008, as the head of the Gwangju District Court, the Sungsung-gun registry office, 14769, regarding the 1,425 square meters (hereinafter “Plaintiff-owned land”). The Defendant completed the registration of ownership transfer with respect to the 2,797 square meters (hereinafter “Defendant-owned land”) adjacent to the instant land as to the 2,797 square meters (hereinafter “Defendant-owned land”). The head of the Gwangju District Court, the head of the Sung-gun District Court, the registration office, the receipt of May 27, 2015.

The Defendant uses the attached appraisal sheet among the land owned by the Plaintiff as a passage for entering the land owned by the Defendant in a contribution to each point of the attached Table 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 22, and 1,00 square meters of the land owned by the Plaintiff (hereinafter “instant passage”).

On the other hand, on December 18, 2015, in Gwangju District Court Decision 2014Gahap3759 (Main Office) and 2015Gahap2609 (Counterclaim), Plaintiff B was sentenced to the judgment that the Defendant shall not interfere with the passage of the Defendant on the part of the passage, etc. of the instant case. The said judgment became final and conclusive around that time.

The rent from June 1, 2015 to May 31, 2019 pertaining to the instant portion of the passage is KRW 94,200 in total, and the monthly rent from June 1, 2018 to May 31, 2019 is KRW 5,960 in total.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 11 (including additional numbers), appraiser F's fee appraisal result, the result of this court's request for surveying and appraisal to the President of the Korea Land Information Corporation, the purport of the whole pleadings

B. According to the above facts of determination, the defendant uses the passage of this case as a passage necessary for the use of the land owned by the defendant.

As such, the defendant has a duty to compensate the plaintiff A for the damage incurred pursuant to Article 219 (2) of the Civil Code, except in extenuating circumstances.

In addition, the scope of the liability for damages is about health.

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