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(영문) 서울중앙지방법원 2019.08.14 2018나64414 (1)

건물명도(인도)

Text

1. The plaintiff's appeal is dismissed.

2. Upon the ancillary claim added by the appellate court, the defendant B will be the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the wife of D (Death on November 25, 2001).

Defendant B is the wife of E (Death of October 25, 2007) and the Plaintiff, the south of Korea between D and the Plaintiff.

B. D completed registration of initial ownership in the name of E on February 27, 1996 following the new construction of the instant building.

C. D drawn up a testament on November 6, 2001. The monthly rent of the building of this case, which was received by the person in question [D], includes the following: “The monthly rent of the building of this case, which was received by the person in question, includes the monthly rent of the underground room and the monthly rent of the first floor (cafeteria) after the person’s birth [Plaintiff], and the remainder shall be received by E.

On March 8, 2002, E made up to March 8, 2002 a written consent that the mother [Plaintiff] agrees to the execution and receipt of the right of lease and monthly rent of the main floor and the first floor of the instant building by the time of survival (hereinafter “instant written consent”).

E. After D’s death, E received the difference from the sub-storys and first floor lessees of the instant building, and after E’s death, Defendant B received it.

F. The Plaintiff asserted that the land level and the first floor of the instant building belong to the Plaintiff in accordance with D’s above will and E’s instant consent, and that the Plaintiff is the land level and the first floor of the instant building two times, and that the claim amounting to the rent (the first lawsuit (the rent from March 8, 2002 to March 25, 201) was filed against the Defendant: Seoul Eastern District Court 2009Gahap2257, Seoul High Court 201Na1227, the appellate court: Supreme Court 2011Na12127, the appellate court 201Na2964, the appellate court 201Na29564, the appellate court 2014Na49052, the appellate court 2016Da15778, the second lawsuit (the final judgment of the appellate court, the final judgment of the appellate court) and the first instance court 2017Da108168, the appellate court (the appellate court 20160,174,194)

G. Defendant B: (a) on June 8, 2015, the first floor of the instant building to Defendant C is KRW 60 million and KRW 3.2 million per month; (b)