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(영문) 의정부지방법원 2020.07.21 2019나201526
지료
Text

Of the judgment of the court of first instance, the part against the Defendants exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. The same year as the receipt of No. 3487 on March 16, 201, with respect to the land of this case, Dongbcheon-si, Dongbcheon-si, Dongbcheon-si, K, and 128§³ (hereinafter “instant land”).

2. 14. The registration of transfer of ownership in the name of the plaintiff was completed on the ground of sale, and on April 9, 1999, the registration of transfer of ownership in the name B was completed on the ground of the successful bid as of October 2, 1997, from No. 4502 of the receipt of the same registry office on April 9, 199 as to one-third shares of the real estate of this case (A. 1, A2), and on the land of this case, the legal superficies under customary law for the real estate of this case are recognized.

The Defendants are the successors of L, who owned the instant real estate with B and C, and succeeded to 1/7 of L’s property (the fact that there is no dispute). Therefore, the Defendants are liable to pay L’s rent jointly with B and C within the scope of their respective inheritance shares.

2. As the cause of the instant claim, the Plaintiff asserts that, from February 14, 201 to December 14, 2017, the Plaintiff paid 11,714,285 won (=87,000,000 x 1/7) according to the Defendants’ share among KRW 82,00,000 calculated as 82 months from February 14, 201, the Plaintiff acquired the ownership of the instant land, and that, in collaboration with B and C, the amount of money calculated as 142,857 won (1,00,000 x 1/7) calculated as 82 months from December 14, 2017 to the date of removal of the instant real estate from December 16, 2017.

However, evidence submitted by the plaintiff to prove the rent of this court for the first time in the trial is only the result of the appraisal by the appraiser N in the trial court that the rent of KRW 2,988,160 is generated after November 14, 2019, and there is no other assertion.

Therefore, the land rent that the Defendants jointly pay to the Plaintiff is from November 14, 2019 to the date when the Plaintiff loses possession of the instant real estate from November 14, 2019, but it is customary legal superficies as seen earlier.

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