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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The plaintiff was awarded a successful bid on January 2, 2008 and completed the registration of ownership transfer on the 21st of the same month during the compulsory auction procedure by the defendant, etc., and the defendant owns a building constructed on the land of this case from around 1990.
B. After acquiring the ownership of the land of this case as above, the Plaintiff filed a lawsuit against the Defendant by Seoul Central District Court 2008Da400546 (hereinafter “the Plaintiff’s claim for land of this case from January 2, 2008 to the date of loss of the Plaintiff’s ownership or the date of loss of Defendant’s possession (legally equivalent unjust enrichment). Accordingly, the above court shall pay to the Plaintiff the amount calculated at the rate of KRW 3 million from January 2, 2008 to November 1, 2008 and the amount calculated at the rate of KRW 3 million from the date of loss of Plaintiff’s ownership of the land of this case from November 2, 2008 to the date of loss of Defendant’s possession.
(C) The decision to recommend reconciliation was finalized around that time. Meanwhile, the reasonable monthly rent from March 1, 2015 to January 15, 2016 of the instant land is KRW 3,286,00. [The fact that there is no dispute over the grounds for recognition, each entry of evidence Nos. 1, 2, and 3, and the result of appraisal entrustment to the D appraiser office of this court, the purport of the entire pleadings.
2. Judgment on the plaintiff's assertion
A. Since the rent of KRW 300,000 per month on the instant land determined by the Plaintiff’s decision of recommending settlement of this case, due to a change in economic conditions, price increase, etc., the rent after August 2, 2015 of the instant land should be increased as stated in the purport of the claim.
B. (1) Determination is not clear what the Plaintiff claims the increase in rent, but if the Plaintiff exercises the right to claim the increase in rent pursuant to Article 628 of the Civil Act, the Plaintiff and the Defendant.