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1. The Defendants shall jointly and severally act on September 2, 2014 as KRW 41,757,045, respectively, to Plaintiff (Appointed Party) and Plaintiff E.
Reasons
1. Basic facts
A. As a result of the deceased on March 29, 2009, Defendant B, his spouse, as his spouse, succeeded to 3/13 shares in relation to the neighborhood living facilities and housing (hereinafter “the instant real estate”) of 278 square meters in Mapo-gu Seoul, Seoul, and the 1st underground floor, which were owned by the deceased, and the 2/13 shares in each of the 2/13 shares in relation to the Plaintiff A, Selection E, Defendant C, D, and H, who were their children.
B. The Defendants, on the grounds that they are majority equity right holders, excluded the Plaintiff and the designated parties, etc., and leased the instant real estate to others and received the relevant rental deposit and rent.
C. During the period from March 1, 2011 to December 31, 2014, the Defendants leased the portion of the instant real estate of KRW 261,654,606 (it refers to an amount not included in value-added tax) in total, as indicated in the details of the receipt of rent in attached Form 261,654,606 (it refers to an amount that is not included in value-added tax) among the instant real estate in which the deceased resided, and the details of the deposit received are as shown in the details of the lease in attached Form 4.
[Ground of recognition] Facts without dispute, Gap 1 to 3 evidence, Gap 5 to 9 evidence (including each number), the purport of the whole pleadings
2. The assertion and judgment
A. According to the facts of the determination as to the cause of the claim, the Defendants, while managing the instant real estate jointly owned by the Plaintiff, Appointors, H and the Defendants, received the sum of the rent of KRW 261,654,606 for the first and third floors underground among the instant real estate from March 1, 2011 to December 31, 2014, and received the deposit for lease for the fourth floor of the instant real estate, and KRW 40,254,554 [=261,654,606 + 2/13] and ② The amount equivalent to the percentage of the inheritance shares of the Plaintiff and the designated parties among the sum of the rent received, 40,254] and ② the amount equivalent to the interest rate of KRW 5% per annum 46,816,437 [150,00 】 [30,00 / 1305] of the amount of the deposit for lease received.]