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(영문) 부산지방법원 2020.10.15 2019가단17542
건물인도
Text

1. The Plaintiff:

A. The Defendants are indicated in the attached list on the 2nd floor (1) of the attached list. (2)

Reasons

1. Basic facts

A. On October 25, 2016, the Plaintiff entered into a lease agreement with H (hereinafter “the deceased”) and the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) to lease KRW 3,146,00, and the period from November 21, 2016 to November 20, 2018; and the monthly rent of KRW 87,600 to the deceased.

B. Although the above lease contract has expired, the deceased did not deliver the instant real estate to the Plaintiff, but did not pay monthly rent from October 2018.

C. The Deceased died on February 11, 2017, and jointly succeeded to the corresponding inheritance shares of Defendant B, C, E, D, and I (Inheritance shares each 1/5), each of which was the siblings of the deceased. On March 27, 2011, I died on March 27, 201, and Defendant F and G (Inheritance shares each 1/2) inherited by representation in the corresponding inheritance shares.

[Ground of Recognition] Defendant E: The description of the judgment by public notice (Article 208(3)3 of the Civil Procedure Act, Defendant B, C, D, F, G: Evidence Nos. 1, 2, 3-1, 2, 5, 4-1, 5-1, and 5-1, and the purport of the whole pleadings and arguments

2. According to the above facts of recognition, the Defendants are obligated to deliver the instant real estate to the Plaintiff, and to pay the amount equivalent to the pertinent inheritance shares among the overdue rent from September 30, 2019 to September 30, 2019, and to pay the amount equivalent to the pertinent inheritance shares among the monthly rent from October 1, 2019 to September 1, 2019.

3. Determination as to Defendant B, C, D, F, and G’s assertion

A. All the Defendants were adjudicated on qualified acceptance.

B. Determination 1) According to the overall purport of the statements and arguments written by Defendant B, C, and D as to April 4, 2019, the Busan Family Court Decision 2019Ra712 on March 18, 2019, and each qualified acceptance was tried by the Busan Family Court on March 18, 2019, and each of the aforementioned Defendants’ arguments are with merit. Accordingly, the aforementioned Defendants’ assertion is with merit.

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