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1. The Defendant shall pay to the Plaintiff money at the rate of KRW 436,00 per month from December 4, 2014 to January 4, 2016.
2...
Reasons
1. Considering that Gap evidence Nos. 1 and 5 and evidence Nos. 1 and Eul evidence Nos. 1 and the purport of the whole pleadings as to the cause of the claim, around September 21, 1977, the non-party C acquired the land of Pyeongtaek-si D & 218 square meters (hereinafter "the site of this case") and the above ground-based jumen and juices and 1 unit building for juices (hereinafter "the building of this case") by sale. The above C died on March 11, 1981, the building of this case was inherited solely to E, who is its wife on the ground of inheritance by agreement division around March 26, 1987, and around March 11, 1981, the building of this case was inherited solely on the ground of inheritance by agreement division to the defendant, and the real estate of this case was sold to the plaintiff on April 1, 190 as of February 14, 199.
According to the above facts, after the death of C, the building of this case acquired legal superficies under customary law as the title of possession of the site of this case at the time the defendant inherited the site independently by consultation acquisition.
and thereafter, it can be asserted against the plaintiff who acquired the ownership of the land in this case.
I would like to do.
(1) The defendant, who is the legal superficies, is obligated to pay the land rent to the plaintiff who is the owner of the site as sought by the plaintiff, and the amount shall be determined by the court by applying mutatis mutandis the proviso of Article 366 of the Civil Act.
With respect to the land rent of legal superficies under the customary law on the site of this case, in full view of all the circumstances shown in the argument of this case, it is 436 monthly, which is the amount equivalent to the rent of the site of this case, in full view of the following factors: (a) the background leading up to the acquisition of ownership on the site of this case by the plaintiff; (b) the process leading up to the acquisition of legal superficies under the customary law of this case; (c) the utilization status