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(영문) 수원지방법원여주지원 2019.02.21 2018가단5302
토지사용료
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs are co-owners who completed the registration of ownership transfer with respect to one-half shares of each of the instant land on August 25, 2009, and the Defendant is the owner of a building on the instant land.

B. The Plaintiffs filed a lawsuit against the Defendant claiming the increase of land usage fees under this Court Order 2013Kadan15885, and on July 18, 2014, a voluntary conciliation was established with the following purport: “The Defendant shall pay the Plaintiffs the amount calculated at the rate of KRW 1,728,00 per annum from September 1, 2013 until the Plaintiffs lose their ownership to the instant land or the Defendant delivers the said land to the Plaintiffs.”

(hereinafter referred to as “instant conciliation”). C.

The Defendant has paid to the Plaintiffs annual rent of KRW 1,728,00 in accordance with the instant conciliation so far.

【Evidence Evidence: The descriptions of Evidence Nos. 1 and 4 and the purport of the whole pleadings】

2. Determination as to the cause of action

A. As to the fees for the use of the land claimed by the plaintiffs, the price was adjusted at lower than the surrounding market price at the time of the instant adjustment, and four years have passed thereafter, and the land price, taxes, etc. was increased, and thus, the plaintiffs filed a claim for the amount of rent increase. Thus, the defendant is obliged to pay to the plaintiffs the amount of rent increased to 740 square meters, which is the size occupied and used by the defendant, among the land in this case. Accordingly, the defendant is obliged to pay to the plaintiffs the amount of rent increased to 740 square meters, which is the size occupied and used by the defendant among the land in this case.

B. It is difficult to find out that the previous amount of rent by the instant conciliation was not reasonable due to the increase or decrease of taxes or other burdens, the price fluctuations, or the change in economic circumstances, as otherwise alleged by the Plaintiffs, solely with the written evidence Nos. 2 and 5 (including the serial number).

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