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(영문) 의정부지방법원 2021.02.18 2020가단10664
건물철거 및 토지인도
Text

1. The defendants indicated in the attached Form 1 "Real Estate Indication" No. 1, 2, 3, 4, 5, 6, 8, 9.

Reasons

1. The description of the claim is as listed in attached Form 3, Attached Form 4, Attached Form 4, Attached Form 5, and Attached Form 5, Attached Form 5.

2. Applicable legal provisions;

(a) Defendant B, E, and G: Article 208(3)3 of the Civil Procedure Act (a)

(b) Defendant C and F: Article 208(3)2 and Article 150(3) of the Civil Procedure Act (a judgment deemed to be a confession);

3. The Plaintiff dismissed the portion of the Plaintiff’s claim against the Defendants, who are the inheritance of the deceased H, jointly and severally, claiming payment of unpaid rents and the amount equivalent to the rent up to the time of delivery of real estate. However, in a case where a divisible obligation, such as monetary debt, is jointly inherited, this is naturally divided and reverted to the joint heir according to the statutory share of inheritance (see Supreme Court Decision 97Da8809, Jun. 24, 1997). Therefore, the Defendants are liable for monetary liability only in their share of inheritance (per 1/5).

Therefore, the Plaintiff’s monetary claim against the Defendants is accepted only within the scope of KRW 9,451 per month until each of the Defendant’s respective 340,246 won (i.e., KRW 1,701,231 x KRW 1/5, and KRW less than KRW 1/50; hereinafter the same shall apply) and each of the 1st orders (i.e., KRW 47,256 x 1/5), and the remainder of the monetary claim is dismissed (Provided, That with respect to the costs of lawsuit, the proviso to Article 101 of the Civil Procedure Act shall apply to the costs of lawsuit).

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