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1. The defendant shall be the plaintiff.
(a) KRW 5,113,30 as well as 5% per annum from November 1, 2016 to January 19, 2017; and
Reasons
1. The judgment on the cause of the claim is the owner of the land from May 1, 204 to the owner of the land from May 11, 2004, and the defendant currently uses the land from the present 1, 2 as a road; the land from the D site in Gwangjin-gu, Seoul before subdivision on November 15, 1979; the land category was changed to the same day; the land category was changed to the road on the same day, and there is no dispute between the parties; the land category was changed to the road; and the land category was changed to the whole purport of the pleadings and the land category was changed to the land category of the land from the land category of the 1, 2, and 4-1, 2, 5-1, 5-1, 3, and 6; and the land category was changed to the land category of the 1, the defendant is presumed to have been occupying and using the land from the site to the road from the time when the land category was changed to the road from the land category of the 1, and the land category of the 1.
Furthermore, according to the result of the appraisal of rent for the appraiser E by this court, the rent for the first land from December 1, 2010 to October 31, 2016 shall be 35,225,170 won, rent for the second land shall be 5,113,30 won, and rent for the first month from October 31, 2016 shall be 498,480 won, and rent for the second month from October 31, 2016 shall be 72,360 won.
Therefore, barring any special circumstance, the Defendant shall pay to the Plaintiff the rent of KRW 40,338,50 for the first, second, and second land from December 1, 2010 to October 31, 2016, which the Plaintiff seeks from December 31, 2016 (i.e., KRW 35,225,170, KRW 5,113,30) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 1, 2016 to the date of completion of possession due to the Defendant’s road closure for the land from November 1, 2016 to October 31, 2016 (i.e., KRW 570,840, KRW 498, KRW 480,780,360).