logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.01.10 2018나70912
토지인도
Text

1. Of the judgment of the first instance on the principal lawsuit, the part of ordering delivery and payment to the Defendants is applicable under the judgment below.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) and Defendant E are married with each other, and the Plaintiffs are the spouses and children of Defendant D’s Dong M (Death on May 11, 1994).

B. On December 4, 1976, Defendant D purchased the land of the Suwon-gu Z (hereinafter “land before subdivision”) from P on December 4, 1976.

C. On November 22, 1976, the land before subdivision was partitioned in order on March 31, 197, and 18 square meters of Z river (61 square meters of the above land was combined with AA land on February 25, 1995, after the land category was changed to the site on February 21, 1995) 50 square meters and 167 square meters of the N river (161 square meters of the above land; 161 square meters of the above land was changed to the site on May 23, 2005; 362 square meters of the above land was changed to the land category on May 23, 2005; 48 square meters of a river, 201 square meters, and 362 square meters of the above land were converted to the land category on March 31, 197; 197 square meters of the above land divided under the name of 17 MND 17, 197.

The Defendants, around June 2005, leased the instant land, N, O land to Q as KRW 100 million, monthly rent, KRW 2.1 million.

E. M died on May 11, 1994, and Plaintiff A inherited the instant land in proportion to 2/7/7 of each of the two-thirds of the Plaintiff A, Plaintiff B, and C, and completed inheritance registration under the Head of Suwon District Court’s District Court’s receipt No. 10467, Apr. 28, 2017.

F. P died on August 9, 200, and as co-inheritors, there were wife and children, F, G, H, I, J, and K (hereinafter “F”) as co-inheritors.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1, 2, 6, 10, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiffs are the owners of the land of this case, and the defendants gain profit by occupying and using the land of this case without permission by leasing it to Q. Thus, the defendants have the land of this case against the plaintiffs.

arrow