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(영문) 서울고법(인천) 2019.09.06 2019나10468
토지인도
Text

Of the part against the Defendants in the judgment of the first instance, the lower court against the Plaintiff corresponding to the amount ordered to pay below.

Reasons

1. The scope of the judgment of the court of first instance, within the scope of the judgment, dismissed all the claims against the Defendants by the Plaintiff, and accepted all the claims against the co-defendant B of the court of first instance (hereinafter “Co-defendants of the court of first instance”).

As to this, the plaintiff appealed against the defendants, and the co-defendant of the first instance court did not appeal, and the part of the claim against co-defendant of the first instance court was separated and finalized.

Therefore, the scope of this court's adjudication is limited to the plaintiff's respective claims against the defendants.

2. Facts of recognition;

A. The Plaintiff is a co-owner of 100/370 shares of 1,044m2 (hereinafter “instant land”) among the land of 1,192m2, Yeonsu-gu, Incheon, Yeonsu-gu, Incheon, and is delegated with the authority to conclude a lease agreement and receive rent for the said land from the other co-owners of the said shares.

B. On June 4, 2016, the Plaintiff transferred the instant land to the co-defendants of the first instance trial on the following grounds: (a) KRW 10,00,000, monthly rent of KRW 3,240,000 (payment on June 20), and (b) from June 20, 2016 to June 19, 2018, the purpose of the lease is to lease the instant land for the purpose of parking lot operation business (hereinafter “instant lease agreement”); (b) around that time, the Plaintiff transferred the instant land to the co-defendants of the first instance trial.

C. The co-defendant of the first instance trial, while using and earning profit from the instant land for the purpose of a mutual parking lot called “J” with wife I (the deceased on January 10, 2017, hereinafter “the deceased”) and his/her children, did not pay the difference after paying the difference as of July 8, 2016.

Accordingly, on October 18, 2016 and October 26, 2016, the Plaintiff sent to the Plaintiff a content-certified mail demanding the payment of rent, and the co-defendants of the first instance court paid KRW 3,240,000 to the Plaintiff on November 17, 2016, however, on December 19, 2016, KRW 2,240,000, which is a part of the rent on December 19, 2016, and KRW 2,00,000, which is a part of the rent, over two occasions on January 19, 2017 and February 19, 2017.

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