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1. The defendant shall be the plaintiff.
(a) KRW 21,893,440 and interest rate of KRW 15% per annum from January 11, 2019 to the date of complete payment.
Reasons
1. The Defendant, from around 2001, owned the building indicated in the attached list 1 (hereinafter “instant land”) and the building indicated in the attached list 2 (hereinafter “instant building”).
The plaintiff was awarded a successful bid and completed the registration of ownership transfer with respect to the land of this case on July 14, 2010 in the procedure for compulsory auction by Incheon District Court C real estate.
As can be seen, the instant land and the instant building were owned by the same person, and only the instant land was sold compulsorily and the two owners are different. As such, the Defendant acquired statutory superficies under customary law for the instant building on the instant land owned by the Plaintiff.
(2) Meanwhile, according to the appraiser D’s appraisal result, the sum of monthly rent of the instant land from September 7, 2014 to December 6, 2018 is KRW 21,893,440, and monthly rent from December 7, 2018 is KRW 550,560.
[Ground of recognition] Unsatisfy, Gap evidence 1-1 and 2-2, the result of the appraisal commission to E-Appraisal Office of this Court, the purport of the whole pleadings
2. Determination
A. According to the above facts, as the Plaintiff seeks, the Defendant shall pay to the Plaintiff (1) KRW 21,893,440, monthly rent from September 7, 2014 to December 6, 2018, damages for delay calculated at the rate of 15% per annum from January 11, 2019 to the day of complete payment, which is the day following the delivery of a copy of the application for change of claim and cause of claim in this case, to the day of complete payment. (2) From December 7, 2018 to July 13, 2040 where the Defendant’s statutory superficies exists (in accordance with the above evidence, it is reasonable to view that the period of this case’s building constitutes a solid building as stipulated in Article 280(1)1 of the Civil Act, and its period is 30 years) within the rate of KRW 60,500,560, May 6, 200 after the Defendant’s removal of the building in this case.