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(영문) 대구지방법원 2017.04.26 2016나313654
사용료
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 1,413,00 on May 18, 2016.

Reasons

1. Basic facts

A. On September 22, 2015, the Plaintiff acquired the ownership of D’s 44.09/308.6 shares (attached Form 1) among the 144.09/308.6 square meters (hereinafter “instant site”) of the Nam-gu Incheon Metropolitan City, Nam-do (hereinafter “instant site”), and completed the registration of ownership transfer on the instant site on October 22, 2015 due to public sale.

B. Section 1 of the instant building and Section 1 of the share ownership of the instant site) D have two houses for each floor other than underground floors and apartment houses of the third floor above ground and underground floors (excluding underground floors) on the instant site and the land E in Nam-gu Incheon Metropolitan City.

hereinafter referred to as “instant building”

2) The proportion of the total building area and the proportion of the share of the site of this case owned by the sectional owners of the building of this case is as follows.

The owner of the name shall have 12.5% of 12.5% of 12.5% of 12.91 square meters of 12.91 square meters of 44.085/308.61 square meters of 12.91 square meters of G 62.91 square meters of 42.91 square meters of 62.91 square meters of 12.91 square meters of 44.91 square meters of 62.91 square meters of 62.91 square meters of 44.085/308.622 of 162.91 square meters of 12.5% of 444.85/308.6 31, J62.91 square meters of 12.5% of 44.085/308.6 308.5% of 32, 308.65/308.485.65% of 408.5.485.682

C. Of the instant site, the rent for the Plaintiff’s share from September 22, 2015 to June 30, 2016 is KRW 1,413,00 (monthly rent of KRW 152,00), and the rent for August 2016 is KRW 153,00.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 25, appraiser L, M's each appraisal result, the purport of the whole pleadings

2. Determination as to the cause of action

A. Since the owner of a section of exclusive ownership without a right to use the relevant legal doctrine occupies the site of the section of exclusive ownership without any legal ground, he/she obtains unjust enrichment equivalent to the rent for the area corresponding to the portion to be registered as the site ownership of the said section of exclusive ownership among the relevant site, and the owner of the share to be registered as the site ownership has suffered damages equivalent to the same amount.

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