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The Defendants jointly indicate 1, 2, 3, 4, 5, and 1 of the attached Form 1 among the land of 1,009 square meters in Ansan-si, Ansan-si, the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff as a party is a special corporation established under the Korea Railroad Corporation Act and carrying out a key industry related to railroad across the country. On March 15, 2005, the Plaintiff completed the registration of transfer of ownership on the land for the 1,009 square meters for the Ansan-si Seoul Railroad site.
B. The Defendant A Co., Ltd. (hereinafter “Defendant”) indicated the parking line on the floor of 891 square meters inside the ship connecting each point of 1,2,3,4,5,6, and 1 attached Table 1, among the 1,009 square meters of land for Ansan-si, Ansan-si, the Defendant Co., Ltd. (hereinafter “C”) indicated the parking line on the floor of 1,2,3,4,5,6, and used it as the said parking lot (hereinafter “instant parking lot”) by installing parking facilities, etc. for the purpose of controlling access to the parking lot on that point.
2) Around July 2019, Defendant B merchants’ association (hereinafter “Defendant B merchants’ association”) occupied and managed the instant parking lot from around that time at the request of the Defendant Company, and around August 2019, Defendant B’s association installed a unmanned blocking facility for entry into the parking lot (hereinafter “instant blocking facility”) on the 35.96 square meters inside the instant land, which connects each point of the attached Form 2 drawings 1, 2, 3, 4, and 1, among the instant land, in sequence.
3) Meanwhile, on the other hand, on April 2003, the Defendant Company constructed a 5-story E-dong building on the ground of 3,750 square meters on the land of 8,242 square meters in Ansan-si, Seoul-si, Seoul-si, Seoul-si, Seoul-si, Seoul-si, and on February 22, 2006, the F-dong building on the ground above the above land.
(c)
1) The Plaintiff filed a lawsuit seeking the payment of land usage fees against the Defendant Company, claiming that “The Defendant Company uses the instant land as a parking lot without any legal cause, as it is obliged to refund the amount of unfair profit equivalent to the rent, to the Plaintiff.”
2) The appellate court of the instant case (Seoul High Court 2018Na 2018Na 2046545) concluded a contract on June 4, 2020 with the Plaintiff, the landowner of the instant case, to use the said land.