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(영문) 서울중앙지방법원 2017.08.24 2017가합515812
지료지급청구의소
Text

1. The Defendant shall pay to the Plaintiff KRW 24,454,024 and from January 1, 2017 to the completion date of delivery of the land specified in attached Table 1.

Reasons

1. Basic facts

A. On September 5, 2007, the deceased C completed the registration of ownership transfer on the instant land and buildings owned by his mother D (Death August 2, 2007) due to inheritance.

B. Meanwhile, as the No. 2003 No. 145 on February 19, 2003, the deceased D drafted a testamentary document stating that a notary public will will give up 3/10 of the land of this case to F and 3/10 of the net C, respectively.

C. F filed a lawsuit against the deceased C on the basis of the above testamentary document as Seoul Central District Court 2009Gahap45493, claiming the implementation of the ownership transfer registration procedure based on testamentary gift with respect to 7/10 of the land in this case.

On September 17, 2009, the above court rendered a judgment accepting F’s claim, and the above judgment became final and conclusive by dismissing the appeal of the network C.

F on July 26, 2010, according to the above final judgment, F completed the registration of ownership transfer based on testamentary gift with respect to 7/10 shares out of the instant land.

When the deceased C died on December 8, 2010, the Defendant, who was the sole heir as his wife, completed the registration of ownership transfer on April 21, 201 with respect to 3/10 shares out of the instant land and the instant building due to inheritance.

E. On November 22, 2013, the Plaintiff entered into a sales contract with F on 7/10 of the instant land, and completed the registration of transfer of the said share on January 22, 2014.

F. The Plaintiff filed an application with the Defendant for the conciliation of the claim against the Defendant for the rent for 7/10 of the instant land as Seoul Central District Court No. 2014 money 49346.

In the above conciliation procedure, conciliation was concluded between the plaintiff and the defendant on September 4, 2014, and the main contents of the conciliation clause are as follows.

1. The Defendant shall pay to the Plaintiff KRW 5,500,000 (including value-added tax) monthly from September 2014 to August 2016 as the land rent for the Plaintiff’s share in 7/10 of the instant land.

2. The land rent up to August 2014 for the above portion of land is KRW 5,100,000, which the Defendant paid.

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