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(영문) 전주지방법원 2020.10.08 2019나6464
임대차보증금
Text

Among the judgment of the first instance, the part against the plaintiff corresponding to the amount ordered to be paid shall be revoked.

The defendant.

Reasons

1. Basic facts

A. Land ownership and inheritance relationship 1) Defendant C, D, E, and F were children of G and H, and I were F’s wife. 2) G was the owner of land Nos. 1 and 2 listed in the separate sheet (hereinafter referred to as “instant land”) on February 5, 2013.

3) H was the owner of the instant land No. 4, and on December 11, 2014, the registration of ownership transfer was made to F with respect to the said land, and died on November 17, 2016. 4) C, D, E, and F prepared a written agreement on the division of inherited property with respect to G’s inherited property on April 26, 2016, and on April 21, 2017, H prepared each written agreement on the division of inherited property on H’s inherited property on April 21, 2017. The content of each written agreement on the division of inherited property is that D, E, and F’s inherited property is solely inherited by C.

4) The F died on August 11, 2017, and I inherited the land of this case only. The land of this case No. 4 was transferred to J on December 15, 2017 due to sale and purchase. (B) The Plaintiff and the Defendant leased each land indicated in the separate sheet from the Defendant during the period of lease from January 1, 2017 to January 1, 2022. The Plaintiff determined that the total rent of the land of this case No. 1, 2, and 5 is even 24 even in 00,000, the total rent of the land of this case No. 3, and 4 is even 02 even.

The Plaintiff paid the Defendant the amount of monthly rent to the Defendant in January 2017, and thereafter was a farmer on each land listed in the attached Table.

2) On December 12, 2017, the Plaintiff paid 4.9 million won in advance to the Defendant as the monthly rent of 1 year 2018 relating to the instant land Nos. 1, 2, 4, and 5 (i.e., the rent of the land No. 11 even 5 even 5 even the rent of the land No. 11 even 4) x 140,000 won in advance to the Defendant. C’s claim for the delivery of land No. 1,2, and 4 (hereinafter collectively referred to as “instant land”), around June 2017.

2) Claim for India (hereinafter referred to as “claim for Delivery of this case”)

against the Defendant.

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