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(영문) 서울북부지방법원 2019.11.29 2018가단134526
지료 청구의소
Text

1. The defendant shall be the plaintiff.

(a) 14,508,000 won and a rate of 12% per annum from August 28, 2019 to the date of complete payment.

Reasons

The plaintiff is ordered as per Disposition 1-B

The fact that the registration of ownership transfer was completed on August 16, 2018 due to the sale of the land indicated in the port (hereinafter “instant site”) by voluntary auction on August 16, 2018. The Defendant is obliged to pay to the Plaintiff rent as determined by the court from August 16, 2018 to the expiration date of the Defendant’s occupation of the instant site, since the registration of ownership transfer was completed on June 12, 2015 and the possession of the instant site was completed on June 12, 2015. The fact that the statutory superficies for the instant building was established on the instant site pursuant to Article 366 of the Civil Act is not a dispute between the parties.

Therefore, according to the health team, Eul evidence Nos. 3 and the results of appraiser D's appraisal of rent, the rent of the instant site is KRW 14,508,00 from August 16, 2018 to August 15, 2019, and the rent of KRW 15,17,600 from August 16, 2019 to August 15, 2020 can be recognized, and the subsequent annual rent is confirmed to be the same amount.

Therefore, the Defendant is obligated to pay to the Plaintiff the 14,508,000 won for the land from August 16, 2018 to August 15, 2019, calculated at the rate of 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from August 28, 2019 to the date of complete payment, as requested by the Plaintiff, as well as the 15,177,600 won per annum from August 16, 2019 to the date of completion of possession of the site of this case.

The plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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