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1. The Defendant: (a) from April 18, 2019 to the date of completion of delivery of KRW 59,890,00 per month for the Plaintiff, Jeonnam-do, Seoul-do, 198 square meters.
Reasons
1. The facts under each of the following facts may be acknowledged either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence of 1 to 4, and Eul evidence of 1 to 3.
The Plaintiff, the Defendant owned, on May 18, 2018, was determined as the highest bidder in the case of application for compulsory auction of real estate D, which was commenced on May 18, 2018, with respect to Jeonnam-gun, Jeonnam-gun, the Defendant, for the entire sale price on April 18, 2019, and completed the registration of ownership transfer on April 23, 2019.
B. At the time of commencement of the compulsory auction by official auction on the land of this case, part of the newly constructed house around 1970 existed in the land of this case.
C. As of September 20, 2019, the amount equivalent to the rent for the instant land is KRW 59,890 per month.
2. According to the above facts of recognition, all the land and its ground houses belong to the defendant, but the two owners were changed by a compulsory auction on the land of this case, so the defendant acquired the statutory superficies for the ownership of the land of this case in customary law for the ownership of the land of this case.
Therefore, the Defendant, as a customary legal superficies on the instant land, is obligated to pay the land rent to the Plaintiff, who is the owner of the instant land, and since it is confirmed that the amount equivalent to the rent of the instant land as at April 18, 2019, which the Plaintiff acquired the ownership of the instant land, is the same as at September 20, 2019, since it is ratified as at September 20, 2019, the land rent of the instant land shall be determined as at KRW 59,890 per month.
Therefore, the Defendant is obligated to pay to the Plaintiff the rent calculated at the rate of KRW 59,890 per month from April 18, 2019 to the completion date of delivery of the instant land.
3. Conclusion, the plaintiff's claim is justified and acceptable.