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(영문) 부산지방법원 2015.06.11 2014가단53130
토지사용료
Text

1. The plaintiff A:

A. From October 29, 2013, Defendant C has a share in the amount of 367 square meters in Ulsan-gu of Plaintiff A, Ulsan-gu, Seoul-gu.

Reasons

1. Under the judgment as to the claim, the facts are either disputed between the parties or acknowledged by the statements in Gap evidence Nos. 1 through 3 (including serial numbers), and the defendants are obligated to pay the plaintiffs the money stated in the order as unjust enrichment, barring any other circumstances.

Before October, 1992, the land on two lots, such as the Ulsan-gu I Metropolitan Government 367 square meters (hereinafter “instant site”) and J 86 square meters (JJ 86 square meters, etc.), the movement to and movement to the KGra, and movement to the BGra around October 1992, has reached the present time.

(hereinafter referred to as “instant loan,” b. B. the instant loan is constructed on two lots in the public record or on the instant land.

On April 25, 2013, the Plaintiffs acquired the ownership of the instant site (the shares of 6/10, the shares of 6/10, the shares of 4/10, and the shares of 4/10) due to the sale by voluntary auction.

C. The Defendants are owners of each heading unit of the instant lending, and the Defendants’ possession status, such as monthly rent for the part corresponding to each section of exclusive ownership among the instant land, and the date of acquisition, is equal to the ownership status of the attached real estate, etc.

Meanwhile, Defendant G sold and disposed of No. 301, Jul. 25, 2013, which was its possession, to a third party on July 25, 2013. The rent that the Plaintiffs incurred for 15 months from April 26, 2013 to July 25, 2014, after the Plaintiffs acquired the ownership of the instant site, shall be KRW 2,280,000, and Defendant G shall pay KRW 912,00 to Plaintiff A,368,00, and Plaintiff B, respectively.

2. Judgment on the Defendants’ assertion

A. Since Defendant G’s right to use the site was acquired by acquiring the ownership of Defendant G’s loan No. 301, it did not have any obligation to comply with the Plaintiffs’ claim, and the Plaintiffs are obliged to transfer the instant land ownership to Defendant G.

Since a building cannot exist regardless of its site under social norms, land which became a site for the building shall be the building.

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