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(영문) 인천지방법원 2017.07.04 2016가단251825

부당이득반환

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Nonparty E (hereinafter “the deceased”) who is the owner of 2982 square meters (hereinafter “instant land”) prior to the Incheon Southern-gu, Incheon Metropolitan City D (hereinafter “instant land”) died on or around September 20, 2015. Plaintiff A, as the deceased’s spouse, completed the registration of ownership transfer with respect to the instant land as Nonparty F, G, and H’s spouse on March 10, 2016, as Nonparty F, G, and H’s children, and the Incheon District Court received on March 10, 2016.

(Plaintiff A: 3/9 shares, F, G, and H: 2/9 shares, respectively). (b)

Plaintiff

A on August 30, 2016, sold 3/9 shares of the instant land to Plaintiff B, and completed the transfer registration of shares on September 5, 2016 as Incheon District Court Receipt No. 307219 on September 5, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The plaintiffs' assertion

A. On December 29, 1985, the deceased inherited the land of this case from the referring to the land of this case, and thereafter leased the land of this case to the defendant without preparing a separate lease agreement, which was proposed to lease at a level similar to the above rent, around 2003. However, the defendant did not pay the rent. After the deceased was used in December 2008 and around December 2008, the plaintiff A requested the defendant to pay rent, but the defendant refused to pay rent, and the defendant did not pay rent to the plaintiff from October 2006 to August 30, 2016. Accordingly, the defendant was not obligated to return the share of the plaintiff A (39/9) from the unpaid rent to the plaintiff's 300,000 won to the above 305,000 won (the above land of this case) x 305,000 won x 305,000 won (the above land of this case was not returned to the plaintiff's 305,05,05,005.