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1. The Defendant’s KRW 23,857,466 as well as the Plaintiff’s annual rate from December 30, 2014 to November 3, 2016.
Reasons
1. The Plaintiff is the owner who completed the registration of ownership transfer on November 5, 2003 due to the sale by voluntary auction on October 28, 2003 with respect to the land of this case with respect to 358 square meters (hereinafter “instant land”).
On July 21, 2005, the Plaintiff filed a lawsuit against the Defendant to remove the building on the instant land without any title to obstruct the Plaintiff’s exercise of the Plaintiff’s land ownership, transfer of the land, and claim compensation for damages from the Suwon District Court Branch of 2004Kadan10185, and filed the said court with the said court “The Defendant shall remove the above 1, 2, 3, 4, 5, 6, 7, 7, 8, 9, 10, 11, 12, and 12, and 204, 10, 12.6 square meters of the land attached to the land of this case and 13, 14, 16, 17, 18, 19, 21, 21, 221, 23, 204, and 204, 30, 40, 30, 40, 30, 46, 44, 2, 20.
Meanwhile, monthly rent from November 17, 2014 to August 24, 2015 pertaining to the instant land is equivalent to KRW 298,630.
[Ground of recognition] Facts without dispute between the parties, Gap evidence No. 1, Gap evidence No. 2, the result of a request for appraisal of rent, the purport of the whole pleadings
2. The plaintiff asserts that the judgment of the previous suit of this case was rendered on July 21, 2005, and the judgment became final and conclusive. The plaintiff asserts that for the interruption of extinctive prescription of claims based on the above judgment, the plaintiff sought unjust enrichment and damages for delay up to the period equivalent to the commencement of the lawsuit of this case.
The plaintiff also has the land of this case more than at the time of the judgment of the previous suit of this case.