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1. The defendant shall be the plaintiff.
(a) KRW 49,397,044 and a rate of 20% per annum from October 18, 2013 to the date of complete payment.
Reasons
1. Indication of claim;
A. On February 25, 1998, D, who was the owner of the 4,764 square meters in Gangdong-gu Seoul Metropolitan Government, sold the above land by specifying and selling approximately 661 square meters (200 square meters) among the above land to E, who is the Defendant’s wife, and the registration transferred its ownership to Nonparty F by the method of causing the registration of transfer of 661/464 square meters among the entire land. On October 20, 1998, D, who sold the above land to Nonparty F by specifying the 661 square meters (20 square meters) immediately adjacent to the part purchased by the said E, transferred its ownership to Nonparty F by the method of causing the registration of transfer of 660/474 square meters out of the entire land, and the remaining 3,442 square meters.
B. On the above 200 square meters land purchased by the Defendant, the Defendant installed a vinyl house on the land of the 200 square meters, and used part of it for residential purposes. The Plaintiff acquired ownership by winning a successful bid for the said E’s share of 200 square meters (661 square meters) in the voluntary auction procedure on April 10, 201.
C. The Plaintiff and F agreed to reduce the scope of their respective ownership in proportion to the sharing ratio of the said land between the Plaintiff and the Plaintiff. The Plaintiff specified the portion of the attached drawing 1,2,3,4, and 1 in sequence connected to each of the said points in Gangdong-gu Seoul Metropolitan Government 3,824 square meters on board (hereinafter “instant land”). D, in 204, the portion of the attached drawing 1,2,3,4, and 57 square meters in sequence connected to each of the said points on board (hereinafter “instant land”).
Since April 10, 2001, the defendant, who acquired the plaintiff's ownership, occupied the land of this case without any legal ground by cutting down the vinyl on the land of this case so far, thereby gaining profits equivalent to the rent and causing damages equivalent to the same amount to the plaintiff.
E. However, according to the appraiser H’s appraisal result, the sum of the rent from April 10, 2001 to August 31, 201, which is the appraisal date, is KRW 49,397,04, and the monthly rent of the instant land as of September 1, 2013 is KRW 587,164.
F. Therefore, the Defendant, as the owner of the instant land, is the Plaintiff, and the instant land from April 10, 201 to August 31, 2013.