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(영문) 수원지방법원 2018.06.21 2017가단534166

사용료

Text

1. The Plaintiff:

A. The Defendants each amount of KRW 5,841,582 and each amount of KRW 5,841,582 shall be the year from March 30, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendants are siblings between E and F, and are siblings.

B. E, on the ground of the area of 616 square meters (hereinafter “instant land”) owned by Sungsung-si D in terms of land owned by it, constructed a mentor brick mentor and sap 62.0 square meters of a single-story house (hereinafter “instant building”) and completed registration of preservation of ownership on December 7, 1983.

C. On May 3, 1991, E donated the instant land to the Plaintiff with its own possession, and the Plaintiff completed the registration of ownership transfer based on the said donation on the same day.

E died on April 5, 2011, and on December 11, 2012, on the instant building, etc., which is inherited property, the ownership transfer registration based on inheritance was completed according to each inheritance share on April 5, 201 under the name of heirs.

E. On July 29, 2013, Defendant C filed a claim for the adjudication on the division of inherited property against the remaining inheritors, including the Plaintiff, regarding the instant building, etc., which is inherited property. In the instant case, the court decided that 12 successors, other than the Plaintiff, (including the Defendants; hereinafter “Defendant, etc.”) share shares of shares in the inherited property, on the ground that the Plaintiff constitutes a special beneficiary following the said donation. The Defendants’ share of inherited property is 13/91, respectively.

F. The Plaintiff, as the owner of the instant land, sought removal of the instant building against the remaining inheritors, who are the owners of the instant building following the said judgment on division of inherited property on the ground that the instant building was worn out. The remaining inheritors, other than the Defendants, consented to such removal, but the Defendants did not consent thereto, and owned the instant land by sharing the instant building in proportion to the said shares of inheritance.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 11, and pleadings.