beta
Text
1. The Defendant:302,490 won to the Plaintiff (Appointed Party); 251,704 won to the Selection C; and each of the above amounts.
Reasons
1. Basic facts
(a) The relevant plaintiffs, the defendants, D, and EF are children of G and H, and the designated parties are F's wife, I, and J are F's children.
B. Land ownership and inheritance relationship (1) G was the owner of land Nos. 1 and 2 listed in the separate sheet, and died on February 5, 2013.
(2) On December 11, 2014, H registered the transfer of ownership to F on the said land, and died on November 17, 2016.
(3) On April 26, 2016, D, E, and F prepared a written agreement on division of inherited property with respect to H’s inherited property on April 21, 2017 and transferred their respective shares of inheritance to the Plaintiff.
(4) The F died on August 11, 2017, and the Buyer succeeded solely to the property, and the land No. 3 listed in the separate sheet was transferred to K on December 15, 2017.
C. On January 2017, the Defendant entered into a lease agreement with L and each land indicated in the separate sheet by setting a lease term of five years, and the rent for the land listed in the separate sheet Nos. 1, 2, and 5 was determined as 00 US dollars 24 even, 3, and 4 as 22 even, and the rent for the land set forth in the separate sheet is 120,000 even.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 5, 8, 11, Eul evidence No. 4, the purport of the whole pleadings
2. The Plaintiff’s assertion is that the Defendant concluded a lease agreement with L arbitrarily with respect to land Nos. 1 and 2 as indicated in the separate sheet, which is jointly owned by the Plaintiff and the Defendant, and acquired rent for land No. 3 as indicated in F, which are jointly owned by the Plaintiff and the Defendant, and thus, the Plaintiff and the designated parties should return the claim amount corresponding
3. Determination
A. According to the facts of recognition as above, the Plaintiff’s share in the land Nos. 1 and 2 in the separate sheet is 4/5 and the Defendant’s share in the ownership is 1/5, and the land No. 3 in the separate sheet is not owned by the Defendant, the Defendant concluded a lease agreement with L without the consent of the Plaintiff and the Selection, and the Defendant acquired the rent.