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(영문) 창원지방법원 진주지원 2018.01.11 2016가단37347
토지인도 등
Text

1. On the Plaintiff (Counterclaim Defendant),

A. As to the Defendant-Counterclaim Plaintiff’s share 14/22, Defendant C’s share 2/22.

Reasons

1. Facts of recognition;

A. The father E of the Plaintiff involved in the parties is in the relationship between the network F and the deceased, and the network G is the Plaintiff’s money.

Defendant B is the spouse of the network F, and Defendant C is the child of the network F.

B. The conclusion of the network G sales contract and the Plaintiff’s ownership transfer registration network G were concluded on January 13, 197 between H and Jinju-si, D 31 square meters on the land and 17 square meters on the land, and the Japanese-freciled building (hereinafter “previous building”). The Plaintiff entered into a sales contract under the Plaintiff’s name.

On February 21, 1977, the Plaintiff completed the registration of ownership transfer on the instant land.

C. On the ground of the instant building on the instant land, a house with a size of 43.6 square meters is constructed (hereinafter “instant building”).

[Reasons for Recognition] Facts without dispute, Gap 1, 10, 11, Eul 2 and 3, the purport of the whole pleadings

2. Determination as to the lease agreement on the instant land and the Defendants’ assertion

A. In full view of the following circumstances acknowledged by the following circumstances, it is reasonable to acknowledge that a lease agreement between the Plaintiff and the Defendants on the instant land entered into between the Plaintiff and the Defendants on October 201, to pay rent of KRW 50,000 per month, based on the lease agreement on the instant land, Gap-4, 21 (including serial numbers), and witness I’s overall purport of pleading. The result of Defendant C’s personal examination alone is insufficient to reverse this.

① Since the Plaintiff’s wife did not deposit the rent for the instant land and building from the Plaintiff’s denial, the Plaintiff’s wife confirmed whether the instant land and building were dead and received the rent.

I found the defendants upon the above request and demanded the payment of rent.

② From October 2011, the Defendants deposited an amount equivalent to the rate of KRW 50,00 per month to I under the name of “C”, “J”, or “K11” indicating the month corresponding to the amount of money deposited.

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