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(영문) 수원지방법원 2017.01.13 2015나40675
사용료
Text

1. Revocation of a judgment of the first instance;

2. The Defendant: (a) KRW 10,361,370 for the Plaintiff and its related thereto, from February 28, 2015 to January 2017.

Reasons

1. Basic facts

A. On August 20, 1992, the registration of ownership transfer was made in the Defendant’s future on the grounds of the sale on August 20, 1992 with respect to A forest A, 10857 square meters of forest and B forest and 12157 square meters of forest and land in Chungcheongnam-gun, Chungcheongnam-do. The registration of ownership transfer was made in the Plaintiff’s name on the grounds of the sale by compulsory auction on December 26,

B. On June 24, 2008, the registration of ownership transfer was made on June 24, 2008 with respect to the two-story factories (security rooms and offices) on the ground of the above land A, and the registration of ownership transfer was made on July 10, 2015, and on the two-story factories and four-story factories of reinforced concrete building, building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building

C. Each of the above buildings existed from July 5, 2007, which was the date of the investigation for appraisal at the latest in the auction case of the Changwon District District Court D branch, against the Defendant, and the above buildings on the land B were appraised as owned by the Defendant at the time.

2. A person who owns a building on the land owned by another person without authority to determine the cause of the claim shall, by himself/herself, obtain, unless there are special circumstances, a profit equivalent to the rent of the land from the property owned by another person, and thereby, give the other person a loss equivalent to the same amount of the rent of the land

(See Supreme Court Decision 98Da2389 Decided May 8, 1998, etc.). According to the above facts and legal principles, the defendant, barring any special circumstance, should be deemed to have obtained profit equivalent to the rent of land from December 26, 2007, which the plaintiff acquired ownership of each of the above lands, to July 10, 2015, by transferring the defendant's ownership of each of the above buildings from December 26, 2007 to July 10, 2015, and thereby, caused the plaintiff to incur considerable

Furthermore, according to the results of appraisal commission for party members E with respect to the scope of damages.

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