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(영문) 서울남부지방법원 2021.02.03 2020가단225200
분묘기지권 행사 방해배제 등
Text

The defendant shall pay 15,00,000 won to the plaintiff and 5% per annum from February 11, 2020 to February 3, 2021, and from the next day.

Reasons

1. Facts of recognition;

A. On June 23, 1983, the Plaintiff, on June 23, 1983, owned ownership due to one-third of shares in the D, E, and F, respectively, due to the gift on the same day on July 7, 2014, the ownership of each one-third of shares was changed before the transfer of ownership. Since the Seoul Central District Court rendered a final and conclusive judgment on the cancellation of the fraudulent act filed by the Korea Credit Guarantee Fund by 2015 under 539333, and the registration on the transfer of ownership was cancelled in D, E, and F on August 9, 2016.

B. Since January 18, 2018 with respect to the instant land, the decision of compulsory commencement of auction was rendered on January 18, 2018 by the Credit branch support G, and on August 14, 2018, the ownership of the instant land due to compulsory auction was completed by the Defendant on August 14, 2018.

(c)

Meanwhile, the Plaintiff filed a lawsuit against the Plaintiff seeking unfair benefits equivalent to the usage fees for the relocation and possession of the instant grave as Seoul Southern District Court Decision 2018GaGa249715, Oct. 9, 2018, which had acquired the ownership of the instant land by compulsory auction while installing and managing the instant grave as the owner of the instant land (hereinafter referred to as “instant grave”).

(d)

In this Court case No. 249715, the Defendant modified the purport of the Defendant’s claim to seek only the advance payment claim on November 8, 2019, and on December 5, 2019, the Plaintiff paid KRW 644,877 to the Plaintiff by December 31, 2019, and if delay, the amount of unpaid money plus the amount calculated by adding up 12% per annum from the date following the date of payment to the date of full payment.

From October 25, 2019 to the completion date of the delivery of the instant land, the Defendant rendered a settlement recommendation with the purport that the Plaintiff will pay KRW 45,874 each month to the Plaintiff. This recommendation was finalized on December 25, 2019 on the grounds that the Plaintiff and the Defendant did not raise any objection.

E. The defendant around January 11, 2020 attached Form.

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