(영문) 서울중앙지방법원 2018.11.27 2017가단5129097

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(영문) 서울중앙지방법원 2018.11.27 2017가단5129097

정산금

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1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. Seongdong-gu Seoul (hereinafter “instant building”) shares shares 1/5 shares in net E (hereinafter “the deceased”), F, Defendant, G, and H, with the 6/5 share of 6/25 square meters and its ground-based 1st and 4th and above ground-based neighborhood living facilities, and business facilities (hereinafter “instant building”). After the deceased’s acquisition of F’s 1/5 share, the deceased’s death on August 3, 2016, Plaintiff A, a heir of the deceased, shares 6/25 shares, Plaintiff B’s 4/25 shares, Plaintiff B, Defendant, G, and H share of 5/25 shares.

B. The co-owners of the instant building are both of the co-owners of the relationship of kinship. F is the deceased’s spouse, H is the husband of the deceased, G is the deceased’s husband, and the Defendant is the deceased’s deceased relationship, and the mother of F, the deceased, I, and J is K.

C. The above co-owners delegated the management of the building of this case to the Defendant, one of the co-owners, and distributed to co-owners the amount calculated by deducting expenses from the rent that the Defendant leased and received.

[Ground of recognition] Facts without dispute, Gap evidence 1, 9, 17 (including branch numbers, hereinafter the same) and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiffs' assertion 1) The defendant asserted that the defendant should settle the ratio of the plaintiffs' share to 239, 715,925 won of the building rent of this case accrued from September 1, 2016 to August 31, 2017. However, the defendant is obligated to pay the plaintiff A 57,531,82 won (=239,715,925 won x 6/25) with the settlement money, and the plaintiff B 38,354,54,548 won (=239,715,925 won x 4/25) and delay damages.2) The defendant deceased agreed that the defendant will receive the plaintiff's share of the building rent of this case from the building of this case for the repayment of the debt to K, and accordingly, the defendant is obligated to pay the deceased's share of the rent of this case to K.

B. Determination 1) Gap evidence 17 and Eul evidence 1 (the receipt, the plaintiffs.)

유사 판례

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