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1. From April 29, 2017, the Defendant indicated the attached drawings of KRW 6,703,780 and of KRW 849,00,00,000,00 for the Plaintiff.
Reasons
1. Evidence 【Evidence】 1-1, 2, A2, A3-1 through 4, A4, the result of the on-site inspection conducted by the appraiser D, the result of the appraiser E’s survey and appraisal, and the purport of the whole pleadings;
A. In the real estate auction procedure to exercise the security right as applied by the Jeongnam Agricultural Cooperatives, the Plaintiff: (a) sold the land owned by the Defendant and acquired ownership on September 29, 2014, at the price of the land owned by the Defendant (hereinafter “instant land”).
B. The land of this case has two graves wing up by the Defendant, and the extent necessary for the Defendant to attain the purpose of protecting and winging a grave is the part of 56 square meters in the ship connected in order to each point of the attached drawing Nos. 13, 18, 19, 20, 21, 22, 23, and 13 of the land of this case among the land of this case.
C. From September 29, 2014 to April 28, 2017, the rent for the instant dispute is KRW 6,703,780, and the rent after April 29, 2017 is KRW 231,000 each month.
2. In the case of the legal superficies similar to the legal superficies under Article 366 of the Civil Act acquired by the Defendant, it is reasonable to apply mutatis mutandis the proviso to Article 366 of the Civil Act to the right to graveyard the landowner bears the obligation to pay the land rent to the landowner. As such, the Defendant is obliged to pay the land rent
In addition, the amount equivalent to the rent for the dispute portion in the instant case possessed by the Defendant is KRW 6,703,780 from September 29, 2014 to April 28, 2017, and KRW 231,00 per month after April 29, 2017, the Defendant is obligated to pay to the Plaintiff the amount equivalent to the rent for the dispute portion in the instant case from April 29, 2017 to the time when the Plaintiff is transferred the share in the instant case to the time when the Plaintiff is transferred or the Plaintiff’s share in the dispute portion in the instant case is lost.
3. The plaintiff's claim is justified.