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(영문) 청주지방법원충주지원 2016.05.19 2015가합3013
임료
Text

1. The defendant shall pay to the plaintiffs the amount of KRW 9,841,833 and each of the above amounts from April 29, 2016 to the day of full payment.

Reasons

1. Facts of recognition;

A. Of the instant land, 637/694 shares in the Plaintiff’s father and net G (hereinafter “the deceased”) are the Plaintiff’s father and the Plaintiff’s father.

(2) On August 15, 2010, the inheritance registration was completed for each of the shares in the land of this case under the name of the plaintiffs and non-party I, J, K, and L, who were registered as the deceased's children on March 7, 2010. The inheritance registration was completed on June 15, 2010 in the names of the plaintiffs and non-party I, J, K, and L, and in accordance with the statutory share of inheritance. The inheritance registration was completed on June 15, 2010 for each of the shares in the land of this case under the names of the plaintiffs and I by giving up the inheritance of the deceased.

3) Since then, among the land in this case, the registration of ownership transfer in the name of M was completed on July 25, 2014 with respect to Plaintiff A, B, and D’s share 127.4/694, and with respect to Plaintiff C’s share 127.4/694, the registration of ownership transfer was completed on October 21, 2014. On the other hand, Plaintiff C filed a lawsuit against Plaintiff B seeking confirmation of existence of paternity relation No. 2014-Ma813, Cheongju District Court Decision 2014-Ma813, Cheongju District Court Decision 2015, and the above court decided on February 4, 2015 that “The existence of paternity relation between I and G is confirmed.” The above judgment was finalized on February 24, 2015.

B. From January 26, 1983, the Defendant occupied part of the instant land from January 26, 1983 to the date, owned a building on the ground of 127 square meters in the annexed drawing indicating the land in the instant case (hereinafter “the part occupied by the Defendant”) and occupied the part occupied by the Defendant.

C. The amount equivalent to the rent for the portion occupied by the Defendant out of the instant land is 42,890,000 won in total, from January 9, 2005 to July 9, 2014.

[Reasons for Recognition] In the absence of dispute, Gap evidence Nos. 1, 2-2, 4, 5, and 8 of Gap evidence, respectively.

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