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(영문) 대구지방법원 2017.11.23 2017나306028
사용료
Text

1. The judgment of the first instance court, including the claims extended by this court, shall be modified as follows:

The defendant.

Reasons

1. Basic facts

A. The Plaintiff’s mother C completed the registration of ownership transfer in the name of C on April 2, 1985 with respect to the instant land.

B. The Defendant packaged the instant land on the road, and at least from April 6, 201, occupied and used the instant land as a road.

C. C died on November 29, 2013, and at the time of death of C, the Plaintiff and D were the heir, respectively, and the statutory inheritance portion was 1/2.

On the other hand, on March 4, 2016, the Plaintiff and D made an agreement on the division of inherited property to solely inherit the instant land (hereinafter “first agreement”) with the Plaintiff, and the Plaintiff completed the registration of ownership transfer in the name of the Plaintiff on March 16, 2016 due to inheritance due to the agreement division made on November 29, 2013.

On May 18, 2017, the Plaintiff entered into an agreement on the division of inherited property (hereinafter “second agreement”) with D with the effect that “C intends to solely inherit the right to claim the royalty on the instant real estate held by it against the Defendant to the Plaintiff.”

E. Meanwhile, the instant land’s rent of KRW 2,05,450 for the year 201, for the rent of KRW 2,055,450 for the year 2012, for the rent of KRW 2,076,650 for the year 2013, for the rent of KRW 2,076,650 for the year 2013, for the rent of KRW 2,225,850 for the year 2014, for the rent of KRW 2,332,350 for the year 2015, for the rent of KRW 2,982,00 for the year 2016, for the rent of KRW 270,680 for the year 20 for the year 2017, and thereafter for the rent of KRW 270 for the subsequent rent of KRW 20 for the year 20 for the year 2017.

(c) [Grounds for recognition] unsatisfy, entry of Gap evidence 1 to 7 (including branch numbers in case of additional number), the result of the appraisal by the appraiser E of the first instance court, the purport of the whole pleadings;

2. The plaintiff's ground for claim

A. As the Defendant occupied the instant land, C had a claim for restitution of unjust enrichment equivalent to the rent for the instant land against the Defendant.

The plaintiff inherited the land of this case on November 29, 2013, which was the death day of C by consultation No. 1, which was the death day of C, to the sole inheritance of C's right to claim the return of unjust enrichment against the defendant of this case.

(a) household affairs;

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