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(영문) 대전지방법원천안지원 2020.11.25 2019가단114788
토지인도
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. The basic facts and the arguments of the Parties

A. Around September 2009, a written consent to land use (Evidence A 3; hereinafter “instant agreement”) was prepared as shown in the attached Form stating that the land owner as the defendant shall pay KRW 2,000,000 each year in return for the use of land by the user as the defendant.

B. In the Plaintiff’s assertion, G, which is the owner of F 106 square meters in Nam-gu, Dong-gu, Seoul Special Metropolitan City, is the Plaintiff’s agent, and G, which is the owner of the instant agreement with the Defendant on September 28, 2009, received a user fee of KRW 2,00,000 per year. As such, the Defendant should pay the Plaintiffs, the heir of G, the sum of the user fees from September 28, 2009 to November 5, 2019 who sold the said land, KRW 24,19,960.

C. The defendant's assertion was made by the actual user of the land at the H's request by G's agent E with the agreement of this case, and thus, the defendant has no obligation to pay the user fee.

2. Determination

A. The following facts can be acknowledged in light of the purport of the entire pleadings as to the entries in Gap evidence Nos. 1 through 4.

1) Plaintiff A is the wife of G, and Plaintiff B and C are the children of G. Plaintiff B and C are the office of Plaintiff A, and the relationship between G and each other. 2) G completed the registration of transfer of ownership with respect to F& 600 square meters in the Dong-gu, Seoul Special Metropolitan City on February 26, 2004.

Since then, the above land was divided into F. F. 106 square meters, Nam-gu, Dong-gu, Incheon Metropolitan City.

3 On July 9, 2008, H completed the registration of transfer of ownership with respect to the area of 355 square meters prior to I in Dong-gu, Chungcheongnam-gu, Seoul Special Metropolitan City.

H In order to build a new building on the said land, the wife J needed to use the G-owned G-gu F-106 square meters in the Dong-gu, Dong-gu, Chungcheongnam-gu, Seoul, which is between the said land and the road.

In this regard, G around September 28, 2009, around 2009, the J prepared and sent to the J a written consent to the use of the land with respect to F large of 106 square meters in Yong-gu, Nam-gu.

J around February 9, 2010, after obtaining a construction permit and building a three-story building on the first ground in Yong-gu, Chungcheongnam-gu, Seoul and completing registration of the preservation of ownership on October 5, 2010, and it passes the passage to the above building for the foregoing building.

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