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(영문) 서울남부지방법원 2016.06.09 2015가합107596
건물철거 등
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) removed the buildings listed in attached Table 1 List 1 from the Plaintiff (Counterclaim Defendant) and attached Form 2.

Reasons

1. Basic facts

A. The Plaintiffs’ inheritance relationship and land ownership 1) H is the land indicated in the attached Table 2 List (hereinafter “instant land”).

A) The Plaintiff was the owner of the instant land. On October 11, 2001, while the Defendant’s activities as the Defendant’s standing pastor, he was sentenced to dismissal from the F religious organization, which is the Defendant’s religious group, and died on December 27, 2007. The Plaintiffs, as the inheritors of H, the inheritance ratio is 3/11 of Plaintiff A, and 2/11 of the remaining Plaintiffs, respectively. 2) In accordance with the above inheritance ratio, the Plaintiffs shared the instant land after completing the registration of ownership transfer as to each of the instant shares on June 24, 201, by inheritance, according to the above inheritance ratio.

B. In relation to the possession and use of the instant land, such as the ownership of the Defendant’s church building, etc., the Defendant is a building listed in attached Table 1 List 1 (hereinafter “instant church building”) in part of the instant land around 1997.

(2) The sum of rent for the instant land from October 8, 2008 to June 3, 2015 is KRW 482,851,194 [=4,218,00 - KRW 00 - KRW 10,00 from October 1, 2008 to October 7, 2008, KRW 1,36,806 from October 1, 2008 to 3,000, KRW 0,000 from June 3, 2015; KRW 1,36,806 from October 1, 2008 to October 3, 208; and KRW 1,36,06 from October 3, 2008 to KRW 0,00 from June 3, 201 to June 3, 205].

C. H and the plaintiffs' church director's occupation and use relation 1) The defendant is the building listed in attached Table 1 List 2 (hereinafter "the first company house of this case").

2) The building described in paragraphs 2 and 3 (hereinafter referred to as “instant second-party building”)

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