(영문) 서울고등법원 2018.11.09 2018나2027094

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(영문) 서울고등법원 2018.11.09 2018나2027094

건물철거 등

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1. The part of the first instance judgment against the Defendants shall be revoked.

2. All of the Plaintiff’s claims against the Defendants.

Reasons

1. Presumed factual basis

A. The Plaintiff and the deceased J (hereinafter “the deceased”) are summary as K’s children, and Defendant B is the deceased’s spouse, and Defendant C and D are the deceased’s children.

B. On February 20, 1975, the registration of transfer of ownership was completed on February 17, 1975 with respect to the land indicated in the attachment No. 2 real estate (hereinafter “instant land”).

C. On August 14, 2006, the registration of ownership transfer was completed on September 4, 2004 in the name of the deceased on August 4, 2004 with respect to the building indicated in the registration of ownership preservation in the name of K (hereinafter “instant building”). On August 4, 2014, the registration of ownership transfer was completed on July 3, 2014 under the name of the Defendants.

(Defendant B 3/7 Shares, Defendant C, and 2/7 Shares). D.

The instant land is fully used as the site for the instant building.

E. The Plaintiff filed a claim against the Deceased on June 12, 2012 (the amount calculated by the deceased’s share of KRW 93 million per month (the amount calculated by the rate of KRW 1 million per month) from September 4, 2004 to June 3, 2012, and the rate of KRW 180,000 per month from June 4, 2012) against the land of this case (Seoul East Eastern District Court 2012Gahap8503, hereinafter “related case”) as follows, on October 18, 2012:

1. The Deceased shall pay to the Plaintiff KRW 1.4 million out of the monthly rent generated under all the lease agreements of the building of this case, and the rent from August 14, 2012 to September 13, 2012, starting with the calculation as from September 30, 2012, shall be paid as of September 30, 2012, and the rent arising thereafter shall be paid as of the end of each month, and the amount calculated at the rate of KRW 1.4 million per month shall be maintained for two years counting from August 14, 2012, and an amount calculated at the rate of KRW 1.1 million shall be paid every two years thereafter, and if the Deceased delays payment at once, the benefit of the period shall be lost.

However, if the above building is sold as stated in paragraph (2), the deceased.

유사 판례

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