(영문) 부산지방법원 2016.03.30 2015가합43175

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) 부산지방법원 2016.03.30 2015가합43175

손해배상(기)

Text

1. To the extent of the property inherited from the net F, the Plaintiff:

A. Defendant B shall be KRW 55,207,812 and this shall apply.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the I building in Busan Dong-gu G and H (hereinafter “instant building”).

After acquiring the instant building on June 26, 1989, the Plaintiff delegated the deceased F (hereinafter referred to as “the deceased”) with the management of the instant building and the collection of monthly rents from lessees.

B. The Deceased died on January 7, 2015.

As the inheritor of the deceased, there are Defendant C, D, and E, the spouse of the deceased.

C. The Defendants filed a report on the inheritance limited recognition with the Busan Family Court as Busan Family Court 2015Hun-Ma664, and on March 25, 2015, the said report was accepted.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 15, the purport of the whole pleadings

2. The parties' assertion and judgment

A. 1) The Plaintiff’s assertion 1) Although the manager of the instant building was obligated to pay the rent paid from the lessee to the Plaintiff, the Plaintiff did not pay KRW 16,564,00,000 to the Plaintiff out of the rent that the lessee of the instant building paid from January 2006 to January 2015. Therefore, the Deceased is obligated to pay the Plaintiff KRW 16,564,00 to the Plaintiff as the liability for damages due to nonperformance. The Defendants, the inheritor of the Deceased, are liable to pay the Plaintiff KRW 16,564,00,00 to the Plaintiff within the scope of the property inherited from the Deceased. (ii) The Defendants are not directly related to the Plaintiff’s assertion, and the Defendants were subject to an inheritance approval trial on March 25, 2015. Accordingly, the judgment is sought accordingly.

B. On March 11, 2004, the Plaintiff entered into a lease agreement with J as to approximately 26 of the first floor of the instant building with KRW 20 million, monthly rent of KRW 1,500,000. On July 30, 2014, the Plaintiff entered into a lease agreement with J as to the said real estate at KRW 45 million and monthly rent of KRW 1.5 million.

J From January 1, 2006 to January 31, 2015.

유사 판례

-청주지방법원영동지원 2019.05.01 2018가합615

-수원지방법원 2017.09.27 2017가단516915

-수원지방법원 2019.11.28 2019가단519260

-춘천지방법원 2016.12.01 2016가단53384

-서울서부지방법원 2017.10.26 2016가단255104