(영문) 인천지방법원 2019.10.25 2018가단248434

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2019.10.25 2018가단248434

손해배상(기)

Text

1. The Defendants jointly share KRW 42,00,000 with interest rate of KRW 12% per annum from October 26, 2019 to the date of full payment.

Reasons

1. Basic facts

A. 1) The second floor E (hereinafter “instant real estate”) of the building D in Nam-gu Incheon Metropolitan City (hereinafter “instant real estate”)

As to F on November 22, 2013, the entire share transfer registration of all co-owners was completed on April 22, 2013. 2) thereafter, F died, and H and I are the spouse G and children of F.

3) The J is the H’s spouse. (B) On June 27, 2016, the Plaintiff entered into a lease agreement with the J and the Plaintiff, setting the lease deposit amount of KRW 60 million from H and the lease term of KRW 24 months from July 28, 2016 (hereinafter “instant lease agreement”).

At the time of the registration of the inheritance of the real estate of this case was not yet completed.

2) Paragraph (5) of the instant special lease agreement provides that “This article is explained to the lessee that it is an inherited property,” and Paragraph (6) provides that “All liabilities after the conclusion of the instant lease agreement were explained to the lessee.” (3) The Plaintiff wired the down payment of KRW 6 million to the J’s account on the day of the conclusion of the instant lease agreement, and on July 28, 2016, transferred the remainder of KRW 54 million to the J’s account while moving into the instant real estate.

However, the Plaintiff did not verify the exact ownership of the instant real estate before paying the remainder of KRW 54 million.

C. 1) At the time of the conclusion of the instant lease agreement, J: G, other co-inheritors, and I renounced the inheritance of the instant real estate at the time of the conclusion of the instant lease agreement; and on July 10, 2015, the letter of renunciation of inheritance (hereinafter “instant letter of renunciation of inheritance”).

(2) The phrase “the name of the person who renounced the inheritance” of this case is written in the “name of the person who renounced the inheritance” of this case, and there is the signature of “I” on the next side and the name of the spouse(the “spouse”) is written in that side.

유사 판례

-인천지방법원 2017.12.14 2017가단200565

-서울중앙지방법원 2016.11.23 2016가합979

-서울중앙지방법원 2020.09.10 2019가단5077121

-부산지방법원 2016.11.22 2016가단309318

-부산지방법원 2016.11.24 2015가합46389