(영문) 수원지방법원여주지원 2020.11.05 2020가단53939

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(영문) 수원지방법원여주지원 2020.11.05 2020가단53939

지료

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1. The defendant against the plaintiff A,

(a) KRW 15,63,937 as well as 5% per annum from October 11, 2019 to November 5, 2020;

Reasons

1. Facts of recognition;

A. Nonparty E completed the registration of ownership transfer with respect to each of the instant lands on December 28, 1990, and on October 1, 2008, Nonparty E completed the registration of ownership transfer with respect to Class I neighborhood living facilities (hereinafter “instant building”) of the general steel structure (refinite) concrete roof built on each of the instant lands.

B. On February 27, 2009, the Defendant completed the provisional registration of the right to claim ownership transfer on the instant building, and thereby completed the registration of ownership transfer on August 18, 2016.

C. On March 27, 2019, with respect to each of the instant lands, the registration of ownership transfer was completed on March 22, 2019 for the shares of 5/8 shares in the Plaintiff A, for the shares of 2/8 shares in the Plaintiff B, and for the shares of 1/8 shares in the Plaintiff C, for the shares of 1/8 shares in the Plaintiff C.

The rent for the lease of each of the instant lands is equivalent to KRW 3,71,00 per month from March 22, 2019 to December 31, 2019 ( KRW 1,491,00 for the instant land; KRW 1,931,00 for the instant land; KRW 349,00 for the instant land; KRW 349,00 for the period from March 22, 2019 to October 10, 2019; KRW 25,00 for each of the instant lands ( KRW 22,626,00 for each of the instant lands), KRW 3,71,00 for each of the instant lands x 30,00 for each of the instant lands x 10,00 for each of the instant lands x 30,000 for each of the instant lands x 30,010,00 for each of the instant lands x 36,001 for each of the instant lands x 30138,20.19,200

2. Determination as to the cause of action

A. Even a legal superficies owner is obligated to pay rent to the site owner, and the transferee of a building with legal superficies is in the position to acquire the legal superficies for the future, and may refuse the removal of the building from the site owner or the claim for delivery of the site.

Even if so, the site is.

유사 판례

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