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(영문) 수원지방법원 2016.07.06 2015가단138229

임대료 분배 청구

Text

1. The Defendant: 5% per annum from November 7, 2015 to July 6, 2016 to KRW 9,680,833, respectively, to the Plaintiffs.

Reasons

1. Facts of recognition;

A. On December 21, 2010, E (hereinafter “the Deceased”) died on December 21, 201, and jointly inherited the Deceased in proportion to the shares of F, G, the Defendant, H, I, and the Plaintiffs, each of whom was their children.

B. As the agreement on the division of inherited property between the inheritors has not yet been reached, it remains in the name of the deceased without the completion of the inheritance registration on the land and the second floor of the land and the second floor of the land owned by the deceased in Ansan-si, and the K-si 47 square meters in Ansan-si, Andong-si.

C. Before birth, the Deceased leased one commercial building on the second floor of Ansan-si J. 2 on the condition that L was paid KRW 9 million monthly. The Defendant was paid KRW 8.5 million on February 20, 201, KRW 500,000 on May 17, 201, KRW 300,000 on May 21, 201, KRW 8.5 million on August 20, 201, KRW 8.5 million on March 6, 2013, KRW 8.5 million on May 20, 201, KRW 8.5 million on May 20, 201, KRW 205 million on May 20, KRW 2013, KRW 8.5 million on August 26, 2013, KRW 8.5 million on August 26, 2013, KRW 200,000 on August 1, 2014.

As above, the Defendant paid KRW 8.5 million among the rent received as inheritance tax, and distributed KRW 17 million to I in total from May 30, 201 to September 24, 2015, KRW 35.26 million to F, and KRW 1,4.51 million to H.

E. The Deceased leased, before his birth, K 47 square meters a monthly rent of KRW 500,000,000,000,000,000,000 from December 2, 2012 to October 2015, the Defendant received from the lessee the sum of the rent for the K 17,50,000,000 won for the parking lot on the land in Ansan-si from the deceased after his death.

[Reasons for Recognition] Facts without dispute, Gap's 1 to 3 evidence, Eul's 1 to 9 evidence (including separate numbers, if any) and the purport of the whole pleadings

2. Determination

A. The inheritance subject to division of the inherited property is limited to the property of the inheritee at the time of the commencement of the inheritance, and the negligence of the inherited property, such as rent of inherited property after the commencement of the inheritance, shall be the commencement of the inheritance.