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(영문) 대구지방법원포항지원 2020.02.13 2017가단104550
건물명도(인도)
Text

1. The defendant is against the plaintiffs:

(a) deliver each real estate listed in the separate sheet;

B. From December 1, 2019, each of the above.

Reasons

1. Facts of recognition;

A. The final judgment on the division of inherited property was finalized on July 20, 2017, with the content that the Plaintiffs, the co-inheritors of the final network E, and the Defendant shared one-fourth shares each according to the inheritance share with respect to each of the real estate listed in the separate sheet that was owned by the deceased (Seoul District Court Branch Branch Branch of 2016Rahap16, Jul. 20, 2017).

B. 1) The Defendant exclusively manages each real estate listed in the separate sheet from March 15, 201 to the date of closing the argument in the instant case. 2) The Defendant received KRW 400,000 per month from June 30, 2015 with respect to the real estate listed in paragraph 2 of the separate sheet from June 30, 2015, and the said lease was renewed under the same condition.

3) The Defendant received KRW 500,000 per month from July 15, 2015 to July 14, 2018 as to part of the real estate listed in attached Table No. 4, and received KRW 200,000 per month from January 1, 2018 to January 1, 2020 as to the remainder of the said real estate. [In the absence of any grounds for dispute, Gap evidence Nos. 1-7, response to an order to submit a tax complaint, and the purport of the entire pleadings.]

2. Determination

A. The Defendant exclusively manages one-fourth of the real estate listed in the separate sheet on the claim for delivery of real estate, and as the Plaintiffs who own a majority of the above real estate, have the obligation to deliver each of the above real estate jointly owned to the Plaintiffs, as sought for the management of the jointly owned property.

B. 1) Claim for return of unjust enrichment equivalent to future rent = KRW 150,000 per month = ( KRW 200,000 per month of the rent of part of the real estate listed in the attached Form No. 4 of the rent of the real estate listed in the attached Table No. 2 of the attached Table) ± (the rent of the real estate listed in the attached Table No. 4 of the rent of the real estate 400,000 won) ± (the payment of the rent of the real estate 200,000 won) / 4. The defendant is obligated to pay the amount calculated at the rate of KRW 4.2)

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