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(영문) 대구고등법원 2016.01.28 2013나3126

토지임료

Text

1. Of the judgment of the first instance, the defendant C, D, E, F, G, J,O, P, Q, S, V, W, X,Y, Z, AB, AD, AD, AF, AH, AI, and AG of the plaintiff.

Reasons

1. Basic facts

A. The ownership relationship of the instant land 1) Daegu-gu AS Daegu-gu 4,038.3 square meters (hereinafter “instant land”).

AT and AU (hereinafter referred to as “AT, etc.”) originally.

On June 6, 1970, the co-defendant I (hereinafter “five persons, including AW, etc.”) of the first instance court with respect to the aggregate of 1/12 shares in each of the instant land, 1/2 shares.

(2) On August 20, 1975, the 2/1221.6 shares in AT, etc. were transferred to BF on August 20, 1975, and AT again acquired on May 13, 1986.

3) On February 6, 1993, shares 0.8759/1221.6 shares were transferred to BG; 2.9328/1221.6 shares were transferred to BH; 3.5012/1221.6 shares were transferred to BJ; 3.5067/121.6 shares were transferred to BK; 0.8759/121.6 shares were transferred to BL on August 26, 1996; 21.6 shares were transferred to BL on August 16, 2196; 2.6.1.6 shares were transferred to BL on August 26, 1996; and 2.1.6.6 shares were transferred to AY on June 16, 2192; and 2.6.1.6.6 shares were transferred to BY on August 26, 1996.

After that, W’s shares 12/1221.6 transferred to BN on February 7, 1995 on the ground of legacy. The shares of AV 18/1221.6 was transferred on October 6, 1997 on the ground of inheritance by agreement to Defendant AF, and 7.5/1221.6 out of the shares of Defendant AF was transferred to T on October 8, 1997.

5) A new construction corporation (hereinafter referred to as “new construction”).

) On February 3, 2003, the co-owners (BG, BH, BJ, BL, BM, AU, and BC) of the instant land other than I, BI, BN, Defendant AF, T, and M among the co-owners of the instant land. < Amended by Presidential Decree No. 18173, Feb. 3, 2003>