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(영문) 수원지방법원성남지원 2019.07.12 2017가단22369
건물인도 등
Text

1. Defendant B: (a) KRW 4830,00,000 to Plaintiff (Appointed Party) A, Appointed D, E, and F; and (b) KRW 289,000 to Selection G and each of the above.

Reasons

1. Claim against the defendant B

A. Claim for rent based on the lease deposit as of June 28, 2013 against H’s Defendant B, which was inherited by the Plaintiffs, and claim for unjust enrichment equivalent to rent arising from Defendant B’s possession of one building owned by the Plaintiffs, Hanam-si I ground steel structure.

(b) Judgment based on the recommendation of confession based on recognition (Article 208 (3) 2 of the Civil Procedure Act);

C. Since the highest interest rate under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings for Partial Dismissal has 12% per annum from June 1, 2019, the claim for the portion in excess thereof shall be dismissed. 2. Claim against Defendant C

A. There is no dispute over the occurrence of unjust enrichment equivalent to rent and rent 1). In full view of Gap evidence 1-2, Gap evidence 4, Eul evidence 2-C, and the purport of the whole arguments and arguments, 1 The deceased H (hereinafter “the deceased”).

(2) On June 28, 2013, among the buildings indicated in the attached Form on which Defendant C and non-registered buildings were located, the part connecting each point of the attached Form No. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 10, and 1 in sequence (hereinafter “instant building”).

As to the lease term, from July 24, 2013 to July 23, 2015, lease deposit amounting to KRW 10,000,000 per month, and KRW 11,50,000 per month. ② The above lease term has been renewed each year, and the deceased died on March 8, 2017. The deceased’s heir is the deceased’s spouse G, children, Plaintiff (Appointed Party) and the remaining appointed parties. ③ The designated parties around April 24, 2017 completed the registration of preservation of ownership as to each of the shares of KRW 6/10, the Plaintiff (Appointed Party) and the remaining appointed parties, and ④ The Defendant C operated the building of this case with the mutual title of J around December 12, 2018 and the Plaintiff C’s status as the deceased’s heir around December 21, 2018.

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