beta
(영문) 창원지방법원 2015.11.17 2015나1738

건물명도

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Determination as to Plaintiff A’s claim against the Defendants

A. 1) The first floor No. 101 (hereinafter referred to as the “instant building”) among the buildings of the third floor F in Kimhae-si, Kim Jong-si, including the instant real estate (hereinafter referred to as the “instant building”) was first registered on September 20, 200 in the collective building ledger with the area of the section for exclusive use as 266.6925 square meters, and the section for exclusive use under subparagraph 101 was divided into the section for exclusive use under subparagraph 101 and the section for exclusive use under subparagraph 113, 80.475 square meters on January 21, 2008.

B) On July 3, 2012, the part of exclusive ownership No. 101 and the part of joint ownership No. 186.2175 square meters and the part of joint ownership 20.279 square meters were divided into 17.5304 square meters and the part of exclusive ownership No. 160. 101 on July 3, 2012, and 25.2397 square meters and the part of joint ownership No. 114 on June 15, 2010 (the instant real estate was divided into 2.7486 square meters and the part of joint ownership) Plaintiff A completed the registration of ownership transfer in one’s future with respect to the above 101 square meters and the portion of joint ownership, which were included in the instant real estate.

2) On September 1, 200, Defendant C and D jointly purchased No. 102 square meters of the above building from Plaintiff B on September 1, 200 and completed the registration of ownership transfer with respect to Defendant C’s 3/4 shares, and Defendant D completed the registration of ownership transfer with respect to 1/4 shares.

At around that time, Defendant C and D jointly leased the lease deposit amount of KRW 200,000,000 and monthly rent of KRW 4,350,000 prior to the division, and the combination of the above subparagraphs 101, 102 and the above subparagraphs 101 and 102.

B) After the completion of a lease agreement on the size of 101 and 266.6925 square meters prior to the division on September 2006, Defendant C and D returned only the remainder except the instant real estate among the above 101, and operated a pre-crying house by combining the instant real estate and No. 102 with the instant real estate and No. 102. On October 2013, 2013, Defendant E leased the sum of the instant real estate and No. 102 to Defendant E and used it as of the date of the closing of argument in the instant case.