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(영문) 서울중앙지방법원 2016.10.26 2015가단5092658
지료청구의 소
Text

1. The defendant shall be the plaintiff.

(a) KRW 46,504,000 and interest thereon shall be 15% per annum from September 2, 2016 to the date of complete payment.

Reasons

1. Facts of recognition;

A. The Defendant completed the registration of ownership transfer by the Jung-gu Seoul Central District Court Decision 35089, Jun. 14, 2002 with respect to the building of 69m2 and 2nd floor in Jung-gu Seoul Central District Court (hereinafter “instant land”) and Jung-gu Seoul Central District Court Decision 35089.

B. On October 28, 2011, a voluntary auction procedure (Seoul Central District Court D) was initiated regarding the instant land. The Plaintiff was awarded a successful bid and completed the registration of ownership transfer on January 27, 2015 by the Seoul Central District Court’s Branch Registry (Seoul Central District Court D) No. 4278.

C. From January 27, 2015 to January 26, 2016, the monthly rent of the instant land is KRW 2,569,980, and the monthly rent is KRW 2,561,580 from January 27, 2016 to January 27, 2016.

[Reasons for Recognition] Evidence Nos. 1 through 5, Evidence No. 1, and the purport of the whole pleadings

2. Determination: The Defendant, the owner of the instant land, is obligated to pay to the Plaintiff, the landowner of the instant land; KRW 46,504,00,00, which is the sum of the land rents from January 27, 2015 to July 31, 2016; and to pay damages for delay calculated at the rate of 15% per annum from September 2, 2016 to the day of complete payment, which is the day following the delivery of a copy of the application for modification of the purport of the instant claim and the cause of the instant claim; and to pay damages for delay calculated at the rate of KRW 2,561,580 each month from August 1, 2016 to the day of the Plaintiff’s loss of ownership or the end of the Defendant’s possession.

3. The conclusion is that the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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