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(영문) 창원지방법원 2019.03.29 2018가단3628
지료
Text

1. The Defendant indicated on the attached sheet 2 in the attached sheet 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, among the attached sheet 2514 square meters in Jeonwon-si, Jeonwon-si, Jeonwon-si, Seoul.

Reasons

1. Basic facts

A. On February 21, 2018, the Plaintiff is the owner who completed the registration of ownership transfer with respect to C & 2514 square meters (hereinafter “instant land”).

B. The Defendant owned a building listed in attached Form 1 on the instant land before the Plaintiff acquired ownership (hereinafter “instant building”).

[Ground of recognition] Unsatisfy, Gap evidence 2-1 and 2

2. The Plaintiff asserts that the Defendant owned the instant building on the ground of the instant land, thereby occupying and using the entire land of the instant case, and demanding the Defendant to pay rent for the entire land of the instant case.

According to the result of the measurement and appraisal commission with respect to the branch offices south Korea's headquarters in the North Korea National Land Information Corporation prior to the Korea National Land Information Corporation, the Defendant is found to have occupied and used the instant land for owning the instant building, and there is no evidence to acknowledge that the Defendant has occupied and used the entire instant land as the whole of the instant land. Furthermore, there is no evidence to acknowledge that the Defendant has occupied and used the entire instant land.

Therefore, the Defendant is obligated to pay the Plaintiff rent for this part of the instant land by the date of the loss of possession or the date of the Plaintiff’s loss of ownership, among the instant land.

According to the result of the appraisal of rent on appraiser D of this case, monthly rent of this case is KRW 3,023,080 from January 4, 2018 to the present date, and this is presumed to be the same even after the date of the closing of argument of this case. Thus, the Defendant ultimately assumes that the Plaintiff is equal to the Plaintiff on the land of this case by the date of the Plaintiff’s loss of ownership or the Defendant’s loss of possession of KRW 598,844 (3,023,080 x 498/2514 m2, 2514 m2).

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