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(영문) 청주지방법원 2016.11.10 2015가단20728
지료
Text

1. The defendant shall be the plaintiff.

(a) 12,472,500 won and its thereon from the day following the day this judgment becomes final and conclusive to the day of full payment;

Reasons

1. Determination as to the cause of claim

A. Comprehensively taking account of the facts acknowledged as Gap evidence No. 1 and Eul evidence No. 2, the results of appraisal entrustment to appraiser C of this court, and the purport of the whole pleadings, the plaintiff which is a newly established organization shall purchase the real estate listed in attached Table No. 1 (hereinafter "the site in this case") from D on May 22, 2014, and complete the registration of ownership transfer on May 23, 2014; and the defendant paid the successful bid price on October 14, 2015 in the compulsory auction procedure of Suwon District Court, Busan District Court, for the real estate E with the real estate listed in attached Table No. 2 (hereinafter "the building in this case") owned on the ground of the site in this case, and completed the registration of ownership transfer on the same day; on the other hand, the plaintiff's rent from January 1, 2015 to December 31, 2015 to December 31, 2016 to May 2016; and

B. According to the facts found in the preceding paragraph, the Defendant is obligated to pay the land rent to the Plaintiff seeking the payment of the land rent under the premise that the land is the legal superficies for the ownership of the instant building, barring any special circumstances. 2) Furthermore, the land rent to be paid by the Defendant for the amount of the land rent on the instant site is the amount equivalent to the ordinary rent for the use of the instant land without any restriction, as consideration for the benefit that the land rent to be paid by the Defendant without any restriction is equivalent to the amount of the land rent for the instant site.

Meanwhile, the annual rent of KRW 54,422,00 from January 1, 2015 to December 31, 2015 under the condition that no deposit is made with respect to the instant land (4,535,100 won (54,42,00 won ± 12:00 won; hereinafter the same shall apply) when converting B into monthly rent.

The monthly rent from January 1, 2016 to May 31, 2016 is the same as recognized earlier, and there is a particular price fluctuation factor thereafter.

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