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(영문) 대구지방법원 2014.12.03 2014나300203

건물명도

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. The following facts may be acknowledged, either in dispute between the parties or in full view of Gap evidence Nos. 1, 2, 3, 7, and 8 (including additional numbers), and the results of the appraisal commission to the new appraisal corporation in the future of the court of first instance and the purport of all pleadings.

In around 1999, the Plaintiff reported a marriage with Non-Party D (hereinafter referred to as “the deceased”), and the Defendant and Non-Party D, E, F, G, H, and I are children of the deceased, and they are marriage relationships between the Plaintiff and the relatives of the deceased.

B. The Plaintiff and the Deceased owned 1/2 shares of each of the real estate listed in the separate sheet (hereinafter collectively referred to as “each of the instant real estate”). As the Deceased died on April 15, 2012, the Plaintiff and the Deceased’s seven children, including the Defendant, inherited the deceased’s property, and eventually, the Plaintiff shares of 20/34 (i.e., one-half inheritance shares), and 7 children of the Deceased, including the Defendant, own 2/34 shares of each of the instant real estate, respectively.

C. Around September 2012, the Defendant occupied the room, etc. that the Plaintiff resided in the instant building No. 2 without permission and used it until now.

Around February 2013, the Plaintiff filed a complaint against the Defendant as a crime of intrusion, and on April 10, 2013, the Daegu District Public Prosecutor's Office Kimcheon Branch of the District Public Prosecutor's Office prosecuted the Defendant as a crime of intrusion by room.

The amount equivalent to the rent for the building No. 2 and its site of this case shall be as specified in the following table:

A. From October 1, 2012 to October 31, 2012, to October 31, 2012, 31 to October 31, 2012, to November 30, 30, 469, 100 to November 30, 2012; 285, 100 to December 31, 201 to December 31, 2012; 30.36.4, 469; 10.36.4; 10.36.6.4; 10.6.6.4; 10.6.4; 600 to 30.6.4; 10.36.4; 29.4; 30.4, 201 to 31.46, 200; 294; 10.6.4, 2013 to 31.6.4, 2013