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(영문) 인천지방법원 2020.06.10 2019나2414

부당이득금반환 등

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The deceased B (hereinafter “the deceased”) leased, before the Plaintiff’s early birth, the part on the ship (hereinafter “the part of the instant land”) that connects each point of the attached Form No. 1,2, c, 3, 4, 5, 6, 7, 8, 9, 9, 9, 9, 19, 100, 100 square meters from the Plaintiff’s early birth, the part on the ship (hereinafter “the part of the instant land”).

(hereinafter “instant land lease agreement”). B.

On October 24, 1988, the Plaintiff completed the registration of ownership transfer on the ground of the inheritance of the property by agreement division held on November 25, 1984, with respect to Fri-gun, Chungcheongnam-gun (former administrative district: the Fri-do, Sejong Special Self-Governing City) of D large scale 98 square meters.

C. On September 1, 2004, the Deceased completed the registration of preservation of ownership on the 48 square meters of housing on the bood ground part of the instant land, which was constructed for a long time, and on the 25.2 square meters of housing on the cement brick, the cement brick, and the 25.2 square meters of housing, and possessed and used the instant land by the time of death.

On May 18, 2015, the Plaintiff sent the following content-certified mail (A No. 10) to the deceased’s domicile, and the content-certified mail reached the deceased at that time.

2. By May 30, 2015, the Deceased’s building area owned by the sender occupied and used with a thickness of return (73.2 square meters) and the occupied land shall be urged to pay the unpaid land rent each year, and reply to the time when the unpaid land rent can be paid, whether the building can be removed and relocated, and whether the sender wishes to move. < Amended by Presidential Decree No. 2677, May 30, 2015>

In addition, the sender notifies the termination of the land lease agreement.

A building area of 18,000 square meters ¡¿ 73.2 square meters = 18,000 square meters annexed to land for a year) x 260 square meters = 4,680,000 square meters (for years)

E. From the foregoing D land on July 10, 2015, the above G G G-178 square meters and the H-264 square meters on November 25, 2016 were divided, respectively.

F. The annual rent as of September 28, 2018 of the instant land portion is KRW 10,050,138, and monthly rent is KRW 837,512.

G. The appeal of this case was pending.