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(영문) 인천지방법원 2020.08.20 2019가단222781
지료청구, 지상권소멸확인 및 건물철거청구
Text

The defendant's KRW 4,141,933 to the plaintiff as well as 5% per annum from July 16, 2020 to August 20, 2020.

Reasons

1. Facts of recognition;

A. On September 18, 2018, the Plaintiff inherited a 90.3 square meters in Da-dong Eri (hereinafter “Eri”) acquired by D on May 9, 2007, her mother, and completed the registration of transfer of ownership on the ground of inheritance by agreement and division on July 7, 2018 with respect to each of the above real estate on the inheritance of 90.3 square meters in Ga-dong, Gbu 98.5 square meters, and Hbu 13.2 square meters in total (hereinafter “instant Eri land”).

B. The facts that the father L on January 8, 2008, who completed the registration of preservation of ownership on February 13, 1995, is located on the Fromen, G, and K’s 34 square meters of Fromen, G, and G’s 90.3 square meters of land and G, and M’s 98.5 square meters of land are located on the same day. There is no dispute between the parties.

The housing and the hall of this case are located on the ground of the E-ri land of this case. The housing and the hall of this case were located on the ground of the instant E-ri land. The housing and the hall of this case were located on the ground of the instant E-ri land.

C. The Plaintiff filed a lawsuit against the Defendant, etc. on March 20, 2019, where L and the Defendant, etc. possessed the instant house and hall on the ground of the possession of the instant land on the ground of the instant land, and thus, from October 2008 to October 19, 2018, against the Defendant, etc., claiming for the payment of land rent for the instant house and hall size (i.e., 70., 34 square meters of the instant land) (i., e., 36.4 square meters of the instant land) (i., e., the Incheon District Court 2018Da257704 square meters of the instant land). On November 22, 2018, the Defendant, etc. acknowledged the Plaintiff’s claim that “the Defendant jointly and severally withdrawn the Plaintiff’s claim for the payment of the remainder of 15% of the annual interest calculated from November 22, 2018 to the date of full payment.”

The defendant, etc. uses not only the part corresponding to the area of the housing and hall of this case among the land of this case, but also the whole land of this case as the site.

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