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(영문) 부산지방법원 2019.01.31 2016가단352046
건물등철거
Text

1. The Plaintiff, Defendant Q Q within the scope of property inherited from the net AD:

(a) Defendant B and C are 2/9 shares, respectively;

Reasons

1. Determination

A. Determination as to the cause of claim 1) No dispute between the parties, or comprehensively taking account of the overall purport of the pleadings as to the evidence Nos. 1 and 2, the facts as to the cause of claim, the supplementary cause of claim, and the changed cause of claim can be acknowledged. According to the above facts of recognition, barring any special circumstance, the Defendants are obligated to remove the building No. 2 in the attached list as to their shares in inheritance and deliver the land No. 2 in the attached list No. 2.2. Furthermore, in full view of the entire purport of the pleadings as a result of appraiser AE’s appraisal of the entrustment of rental fees, the amount equivalent to the rent of the Plaintiff’s acquisition of the ownership of the land No. 1 in the attached list No. 1 from September 1, 2016 to July 31, 2018, the monthly rental fee of KRW 69,90 from January 1, 2018 to July 31, 2018 to July 31, 2018.

B. The defendant asserts that the above defendant received a decision to grant inheritance limit approval from the court on the argument of defendant Q Q.

In full view of the evidence Nos. 4 and 5, the above defendant was adjudicated on August 2, 2017 by the Busan Family Court to accept the deceased AD's heir's report of qualified acceptance on June 23, 2017 (the above court No. 2017-20344).

According to the above facts, only to the extent of the property inherited from the deceased AD, the above defendant is obligated to return unjust enrichment equivalent to the removal of the building mentioned in the above paragraph (a), the delivery of the land, and the rent.

C. The Plaintiff, within the scope of the property inherited from the net AD, Defendant Q 2/9 shares, Defendant D’s shares, 6/63 shares, Defendant E/F shares, 4/63 shares, Defendant G, H, and I, respectively, 3/162.

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