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1. The defendant
(a) 28 million won and its corresponding amount shall be from the day following the day this judgment becomes final and conclusive to the day of full payment;
Reasons
1. The description of the grounds for the claim shall be as specified in the attached Form;
[Reasons for recognizing delay damages only at the rate of 5% per annum from the day after the day when the judgment became final and conclusive: Land rents claimed by the Plaintiff to the Defendant are land rents based on statutory superficies. In the case of statutory superficies, if there is no proof that there was an agreement between the parties on land rents or that the land rents have been determined by a court, the payment of land rents may not be deemed delayed even if the statutory superficies did not pay the land rents (see, e.g., Supreme Court Decision 9Da17142, Mar. 13, 2001). Therefore, only when the judgment becomes final and conclusive, the Plaintiff’s claim for land rents arises, and the delay of the Defendant occurs, and the delay damages incurred thereby are also subject to the statutory interest rate of the Civil Act, not under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings. For this reason, a provisional execution declaration is not made).2.