logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.05.18 2016가단5261550
임료증액청구
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The deceased E was between the Defendant B and the married couple who completed the marriage report on October 29, 1964, and was divorced on October 23, 1986 by a divorce trial final and conclusive around October 23, 1986, and married with the Plaintiff on December 4, 1986.

The Deceased had Defendant C and D as his child between Defendant B and his child, and had F and G as his child between Plaintiff A and his child.

B. On July 15, 1978, the Deceased and Defendant H purchased the land listed in the separate sheet No. 1 (hereinafter “instant land”) on July 15, 1978, and completed the registration of ownership transfer as to the instant land under the separate sheet No. 77544 on December 7, 1978, respectively. After the Deceased’s death, the Plaintiff completed the registration of ownership transfer as to the shares of 1/2 of the deceased with respect to the shares of 1/2 of the deceased under the separate sheet No. 741,741, 143, 291, 297, 097, 760,205, Defendant C and D each completed the registration of ownership transfer as to the shares of 1/2 of the deceased.

C. The Defendants newly constructed a building listed in the separate sheet 2 (hereinafter “instant building”) on the instant land, and completed the registration of ownership preservation by sharing shares of each 1/3 share under the receipt No. 4246 of June 16, 1994, the Gangnam-gu Seoul Central District Court (Seoul District Court Decision 4246).

The network E filed a lawsuit against the Defendants, including removal of buildings, etc. (the deceased died on February 3, 2007 during the first instance trial). On January 21, 2010, the Seoul High Court, which was the appellate court, sentenced the Defendants to the effect that “The Defendants jointly and severally lose their shares from July 28, 2007 to the Plaintiff, or that “the Defendants would pay to the Plaintiff an amount equivalent to KRW 5,813,327 per month from July 28, 2007 to the time when the Defendants lose their ownership of the real estate listed in attached Table 2,” and the above judgment was dismissed and finalized on May 31, 2010.

(hereinafter referred to as the “instant judgment”). [Ground of recognition] The fact that there is no dispute, entry of Gap’s evidence Nos. 1 through 5 (including provisional number), the purport of the entire pleadings.

2. Judgment on the plaintiff's assertion

A. The appropriate monthly rent of the Plaintiff’s assertion is KRW 7,336,00,00.

arrow