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The judgment below
Among them, the part against the defendant shall be reversed, and that part of the case shall be remanded to the Gu Government District Court.
Reasons
The grounds of appeal are examined.
1. On the grounds indicated in its reasoning, the lower court determined that the Defendant, the owner of the instant building, acquired statutory superficies for the use of the instant building with respect to the instant occupied portion, and that the land rent that the Defendant would pay to the Plaintiff, the owner of the instant occupied portion, is reasonable in terms of the amount equivalent to the rent for the instant occupied portion. In full view of the fact-finding results with respect to the appraiser F of the first instance trial and the overall purport of the pleadings, the lower court recognized the rent for the instant occupied portion as KRW 3,833,70 per annum during the period from February 24, 2015 to March 24, 2017, and recognized that the rent for the instant occupied portion as KRW 3,83,70 per annum and the subsequent rent may be ratified as the same amount. Accordingly, the lower court determined that the Defendant’s rent for the instant occupied portion was KRW 319,475 won per month (=3,83,700,
2. However, we cannot agree with the above determination by the court below for the following reasons.
According to the appraisal report dated April 14, 2017, attached to the inquiry report to the appraiser F of the first instance trial, the fact is recognized that the amount equivalent to the “amount equivalent to the annual rent” as the housing site from February 24, 2015 to March 24, 2017 is calculated as KRW 3,833,700.
However, according to evidence duly adopted, such as the appraisal report, the above 3,83,700 won is the aggregate of the actual rent for each period from February 24, 2015 to March 24, 2017 x 27,210 won (=(52,50,000 x 0.35 x 12) x 5/28), the sum of the rent for each period from February 24, 2015 to February 28, 2015 x 1,523,90 won until March 12, 2015 x 1,84,306, x 1,305 x 205 x 1,5305 x 1,57 x 205 x 3,57 ; 205 x 1,57 ; 205 x 1,57 ; 2015 x 5.3)