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(영문) 수원지방법원 여주지원 2018.02.08 2017가단3378
피해보상 및 손해배상 등
Text

1. The Defendant: (a) KRW 3,232,572 for each of the Plaintiffs, and KRW 5% per annum from June 30, 2017 to February 8, 2018; and (b).

Reasons

1. Basic facts

A. The Plaintiffs are children between D and E. 2) D were divorced from E in around 1979, and they were married to F in around 1980.

3) Around November 3, 2010, D died, and F died on or around September 2014. D) The Defendant was divorced after having married D’s birth with D’s birth G and marriage.

B. A real estate ownership relationship 1) F is the land listed in [Attachment List 1] on July 22, 1997 (hereinafter “instant land”).

(2) The Defendant acquired the ownership of the instant land through compulsory auction on May 10, 2010, after completing the registration of ownership transfer, and jointly constructed the instant building with D around 202.2) The Defendant acquired the ownership of the instant land through compulsory auction on the instant land.

3) As to the instant building, registration of preservation of ownership has not been made up until now. (c) The Defendant filed a lawsuit against F against Suwon District Court 2010Kadan15273 regarding the previous lawsuit, which sought payment of usage fees of the instant land, and in the said lawsuit, F from June 2010 to the date when the Defendant lost the Defendant’s ownership or when F lost the ownership of the instant building, the Defendant paid KRW 200,000 as of the end of each month.”

2) Following the F’s delay in the payment of the money indicated in paragraph 1, the Defendant filed a lawsuit against F against F to seek removal of the instant building and delivery of the instant land by Suwon District Court Branch Decision 2012Kadan15093. On October 16, 2013, the said court rendered a judgment accepting the Plaintiff’s claim on the ground that F had been in arrears for two years and the statutory superficies was extinguished due to the lapse of two years, and the said judgment became final and conclusive on February 27, 2015.

3 The Defendant filed a lawsuit against the Plaintiffs seeking unjust enrichment equivalent to the removal of the instant building, delivery of the instant land, and rent, as Suwon District Court Branch Decision 2016Kadan54502. On June 13, 2017, the said court partially filed the claim on the ground that the Plaintiffs were co-owners who inherited D’s shares in the instant building.

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