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Reasons
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(영문) 서울북부지방법원 2015.05.15 2014나6945
구상금
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1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant completed the registration of ownership transfer with respect to each of the real estate listed in the separate sheet owned by C (hereinafter “instant real estate”) after the death of C, as the four women and three women of C who died on January 25, 1994.

B. At the time of the death of C, the Defendant resided in the instant real estate along with the Plaintiff and entrusted the Plaintiff with the banking business, etc. In 1996, the Defendant claimed to the Plaintiff around 1996, and did not communicate to the Plaintiff at least once every few years from the time of the married life in the instant real estate.

Therefore, the plaintiff, using the seal of the defendant, managed the real estate of this case while renewal of the lease contract or entering into a new lease contract with the lessee. The defendant did not raise any objection against this.

C. On February 6, 2001, the plaintiff and the defendant joint name entered into a lease agreement with D as to the two stores among the real estate of this case from February 6, 2001 to February 5, 2005. On March 11, 2001, as to the three stores among the real estate of this case, a deposit amount of KRW 9 million, monthly rent of KRW 100,000, and the period from March 11, 2001 to March 10, 2003, and received each of the above deposits.

A store of 1,2,3, and 4 located in the real estate of this case and 2 stores located in the underground shall be leased to H around June 14, 1993, which is at the time of C’s survival, KRW 10 million and KRW 4,70,000,000,000,000,000,000,000 after C’s death. On April 4, 1997, 197, the deposit was increased to KRW 28,000,000 without monthly rent, and the three stores leased to D as above, without a deposit at the time of C’s survival, leased to C from August 196, which was after C’s death, raised again as KRW 250,00,000,000 to J on May 30, 199.

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