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1. The defendant shall be the plaintiff.
(a) Appendix 2, Annex 1, Annex 2, 2, 3, 4, 5, and 1, among the land in Annex 2, listed in Annex 2.
Reasons
1. Facts of recognition;
A. On October 27, 2009, the Plaintiff purchased the land indicated in the separate sheet from the Korea Land Trust on October 27, 2009 for an urban development project and completed the registration of ownership transfer on October 29, 2009.
B. On August 11, 2006, B Co., Ltd. (hereinafter “B”) acquired the right to use and benefit from the building and its appurtenant facilities related to the building and its appurtenant facilities 79m2 (A) area in the ship (hereinafter “the building in this case”) connected each other in sequence with land No. 2 indicated in the attached Table No. 1, 2, 3, 4, 4, 5, and 1, as indicated in the attached Table No. 2, from C, the Plaintiff and D Co., Ltd. jointly acquired the right to use and benefit from the building in this case and its appurtenant facilities on March 10, 2008.
C. The Defendant is operating a secondhand shop, and occupies and uses the attached drawings 1, 2, 3, 4, 5, 6, 7, 17, 709 square meters of land portion (B) in the ship (hereinafter “instant land”) and the instant building among the land in the attached list 1 as indicated in the attached Form 1.
Meanwhile, since the Plaintiff acquired the ownership of the instant land and thereafter acquired the right to use and profit from the instant building, the rent for the instant land from August 1, 2012 to December 31, 2016, totaling KRW 95,142,320, and the rent for the instant building, totaling KRW 73,370, and the monthly rent for the instant land as of December 31, 2016, is KRW 1,772,50, and KRW 8,690, as of December 31, 2016.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 10, result of a request for survey appraisal of appraiser E, result of a request for appraisal of fees to appraiser F, purport of the whole pleadings
2. Determination as to the cause of action
A. According to the above facts, the Defendant, the occupant of the instant land, transferred the instant land to the Plaintiff, who is the owner of the instant land. The Defendant, the occupant of the instant land, transferred the instant land to the Plaintiff, and from January 1, 2017, KRW 95,142,320, and KRW 920, equivalent to the rent of the instant land.