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(영문) 인천지방법원 2020.02.11 2019가단18920
지료
Text

1. The Plaintiff (Appointed Party) from June 19, 2019 to the date of completion of delivery of 259.3 square meters in Seo-gu Incheon, Seo-gu, Incheon:

A. Defendant B.

Reasons

1. Basic facts

A. On June 19, 2019, the Plaintiff (Appointed Party) and the Appointed E (hereinafter “Appointed”) acquired the ownership of 259.3 square meters of land in Seo-gu Incheon, Seo-gu, Incheon (hereinafter “instant land”). The Plaintiff (Appointed Party) and the Appointor own the said land at the ratio of 1/2.

B. Meanwhile, prior to the acquisition of ownership of the instant land by the Plaintiff (Appointed) and the appointed party, there were two buildings on the instant land as shown in the attached Table 2, and the area occupied by the said two buildings on the building register is the same as the area of 65.16 square meters (based on the size of the first floor).

C. The owner of a building indicated in the building registry as “F” (hereinafter “building No. 1”) among the above two buildings is the Plaintiff (Appointed Party) and the Appointed Party (hereinafter each date of ownership acquisition, June 19, 2019), and the owner of a building indicated in the building registry as “Gho” (hereinafter “building No. 2”) is the Defendants (each of the two shares owned by 1/2).

[Grounds for Recognition: Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, or the purport of the whole pleadings]

2. Determination

A. According to the above facts, the Defendants are obligated to pay the amount equivalent to the land rent from June 19, 2019 to the time they deliver the part occupied and used by the Defendants, since they own the instant building No. 2 on the ground part of the instant land and use part of the instant land.

B. 1) The amount of the land rent is 1) there are two buildings on the land of this case as shown in the attached Table 2, and the owner of the building of this case is the plaintiff (appointed party) and the designated person. The owner of the building of this case of this case is the defendants, and the building of this case 1 and the building of this case stated in the building registry.

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