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1. The defendant shall be the plaintiff.
(a)payment of 59,180,000 won;
(b) from December 2, 2015, listed in paragraph 1 of the Schedule.
Reasons
1. Basic facts
A. From July 18, 1989, the Defendant owned the land listed in paragraph (1) of the attached Table 1 (hereinafter “instant land”) from July 18, 1989, and around that time, appears to be a building with three floors and warehouses of reinforced concrete building and stoves roof, stoves roof, and stoves roof in the attached Table 2 of the attached Table 1 of the non-registration of the said land, and a building with 240 square meters of underground floors and 240 square meters of underground floors, respectively.
(See d. (hereinafter referred to as the “instant building”) was newly constructed.
B. On June 17, 2010, a limited liability company specialized in the Uamamamco primary securitization applied for a voluntary auction on the instant land, and the Plaintiff completed the registration of ownership transfer on the instant land on April 29, 2014 as a purchaser of the said voluntary auction procedure, and on May 27, 2014.
C. According to the result of the appraisal commission with respect to C of this Court, the sum of the rent from April 29, 2014 to December 1, 2015 for the instant land is KRW 59,180,000, and the rent in April 2015 is KRW 3,145,00.
[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 3, the result of a request for an appraisal of a discretionary fee against Eul by this court, the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. Pursuant to Article 366 of the Civil Act of the gist of the Plaintiff’s assertion, the Plaintiff is a person who established legal superficies for the land of this case, seeking reimbursement of the fees, such as the claim for reimbursement, against the Defendant.
B. According to Article 135 of the Civil Execution Act, the buyer acquires the right to sell at the time of payment of the sale price.
In addition, according to Article 366 of the Civil Code, if land and its ground buildings belong to other owners due to auction of mortgaged objects, the landowner is deemed to have created superficies on the owner of the building, but the land rent is determined by the court at the request of the parties.
However, if superficies are created by legal superficies or custom, the owner of the land shall rent.