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1. The Defendant shall pay to the Plaintiff KRW 230,763,00 and the interest rate of KRW 15% per annum from October 28, 2017 to the date of full payment.
Reasons
Basic Facts
The plaintiff is the management body of an aggregate building A (attached Form A) on the land of Seongbuk-gu Seoul Metropolitan Government B large 3,306 square meters, and the defendant is the road management body around A commercial area.
Of the land of the above paragraph (a), the attached appraisal map of the attached Table 1, 2, 3, 2, 1, 1, 7, and 1 are used as a road for entering a building parking lot from around 1980 when the land of the above paragraph (hereinafter “the road of this case”) was newly constructed.
In Seoul Northern District Court Decision 2015Gahap3314 Decided November 10, 2016, “The Defendant delivered the instant road to the Plaintiff” was sentenced to the judgment on December 3, 2016, which became final and conclusive on December 3, 2016.
(hereinafter “The foregoing judgment” refers to KRW 230,763,00, which is based on the premise that the land category of the instant road is the site from December 21, 201 (the date five years have elapsed since the filing date of the instant lawsuit) to November 30, 2016 (the day immediately before the delivery date of the instant road as the Plaintiff is a person).
【No dispute over the ground for recognition”, Gap evidence Nos. 1, Eul evidence No. 1, appraiser C's appraisal of rent, and in the determination of the ground for a claim of the whole pleadings, where a third party illegally occupies the site or accessory facilities of a building belonging to the common area or the co-ownership of a sectional owner, the legal relation concerning the exclusion of disturbance and the return of unjust enrichment or the claim for damages against the third party is not a legal relation which belongs to the sectional owner's organization, but a co-ownership right of common area, etc., and such legal relation is based on the co-ownership right of common area, etc., and therefore, the sectional owner may first or all of the sectional owners. Furthermore, when a sectional ownership relation concerning an aggregate building is established, a management body is organized as an organization for the purpose of enforcing matters concerning the management of buildings and their site and accessory facilities