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(영문) 서울남부지방법원 2014.01.16 2013가단9035
수익금
Text

1. The Defendant: (a) KRW 25,419,860 to Plaintiff A; (b) KRW 23,596,564 to Plaintiff B; and (c) from March 14, 2013 to each of the said money.

Reasons

1. Nonparty D and the Defendant shared 1/2 shares of the building located in Yeongdeungpo-gu Seoul Metropolitan Government E, respectively. However, as the above D died, the Plaintiffs inherited the shares of the building owned by the Plaintiffs.

The plaintiffs and the defendant leased the above building to others and divided the rent-sharing share ratio. The defendant leased the above building from January 201 to January 2013, and received the rent of KRW 196,00,000 in total from lessees each month.

Therefore, the defendant should have paid 15,00,000 won to the plaintiffs each of 1/4 of the amount of rent received, but the defendant should have paid 15,00,000 won among them. The defendant should pay the plaintiffs the remainder of the payment (34,00,000 won to the plaintiffs, including the National Pension 2,903,760 won, income tax and resident tax 156,094 won, health insurance premium and long-term care insurance premium 1,543,040 won, and the total amount of 4,602,894 won, 29,397,106 won, and the national pension 2,903,760 won for the plaintiff Eul, income tax and resident tax 1,52,910 won, health insurance premium and long-term care insurance premium 1,969,520 won, less 6,1926,197,2717 and damages for delay).

2. Determination:

A. Facts of recognition 1) Nonparty D and the Defendant are the building on the ground of the land other than the Fandong-gu Seoul Metropolitan Government (hereinafter, the instant building)

(2) On September 6, 2010, the Plaintiffs and the Defendant agreed to lease the instant building to another and divide the rent income into the share of co-ownership. The Plaintiffs died on September 6, 2010, and received inheritance of D’s co-ownership shares on the said building by one-fourths. (2) The Plaintiffs and the Defendant agreed to lease the instant building to another and divide the rent income into the share of co-ownership.

3) The Defendant: (a) KRW 10,000,000 among the instant building; (b) KRW 1,300,000 among the instant building; and (c) KRW 1,300,000 per rent (Additional tax Map).

hereinafter the same shall apply.

E. A. Nonparty H. 103 Of the above buildings, KRW 8,00,00, KRW 1,100,000 per month of rent, KRW 1,00,00 of the above building, KRW 104 of the above building to Nonparty I, and KRW 1,130,00 per month of rent.

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