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(영문) 부산고등법원 2017.03.08 2015나54356
토지사용료청구
Text

1. The part concerning the defendant in the judgment of the court of first instance concerning the defendant shall be modified as follows:

The defendant on May 8, 2013 to the plaintiff.

Reasons

1. Basic facts

A. On March 29, 2013, the Plaintiff owned shares of the instant site: (a) was awarded a successful bid of 82.94/2,638 shares of the instant site at the Seoul Central District Court’s V auction, and paid the successful bid price; (b) was awarded shares of 504.94/2,638 shares out of the instant site at the W auction procedure at the Seoul Central District Court’s W auction, and paid the successful bid price on May 8, 2013; and (c) acquired ownership of shares of 587.8/2,638 (82.94/2,638.94/2,638.94/2,638) out of the instant site.

B. The defendant and the co-defendants of the first instance court acquired the ownership of the building of this case and the whole area of the building of this case 1) each of the sections above the ground of the site of this case (hereinafter referred to as "the building of this case" in total, and each of the sections is individually referred to as "one story 1" and it is specified as the floor and number as "one story 1."

(2) The owner of the building of this case, as indicated in the separate sheet No. 2 list, has a problem in the construction company at the time of preparing a public book, and the entire registration matters have been entered differently. The total area of the whole ownership of the building of this case according to the entries in the building ledger of the total number of housing units is 7,080.54mm2, and the total area of the whole ownership of the building of this case, including the defendant and the co-defendants of the first instance trial (hereinafter “defendants, etc.”) owned by the sectional owners of the building of this case is as listed in the separate sheet No. 2 list

[Ground of recognition] The fact that there is no dispute, Gap Nos. 1 and 2, Eul No. 1 and Eul No. 1 (including each number; hereinafter the same shall apply), the appraisal result of the first instance trial appraiser X, the purport of the whole pleadings

2. Judgment as to the main claim

A. The Plaintiff asserted by the parties, the Defendant, etc., as the owner of a part of the instant building without any authority, gains profits from the joint possession and use of the instant building site without any authority, and thereby causes damage to the Plaintiff. As such, the Defendant, etc., as an indivisible obligor, jointly owned the Plaintiff’s ownership of the instant building site.

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