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(영문) 창원지방법원마산지원 2020.02.20 2019가단101291

사용료

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. 1) A Co., Ltd. (hereinafter “E”) (hereinafter “E”) on the relevant real estate

D) around 2005, the Busan Special Metropolitan City, Busan Special Metropolitan City, and three parcels (hereinafter referred to as “each of the pertinent lands”).

2) On the ground, the lower court erred by misapprehending the legal principles on the ground of the lower judgment.

A) A new construction is made, and around that time, 1,058m2 (hereinafter referred to as “instant land”) located in Busan Special Metropolitan City, Jin-gu, Busan Special Metropolitan City (hereinafter referred to as “instant land”).

3) On the ground, the temporary building of the third floor above ground (hereinafter “instant building”).

(2) After the construction of the instant building, H acquired the ownership of the instant land, each relevant land, and the relevant building between 2008 and 2009, and the Plaintiffs acquired the ownership of the instant land, each relevant land, and each relevant building from H on June 10, 2015.

(Plaintiff A 50/100 shares, Plaintiff B, and C 25/100 shares). However, the instant building was newly constructed in around 2005 and its ownership was not transferred without being registered.

3) On April 8, 2019, the Plaintiffs: (a) sold the pertinent land and the pertinent building to I; (b) sold the instant land to J; and (c) filed a lawsuit against H and the Defendant for the registration of ownership transfer on each of the instant real estate on May 30, 2019; (b) on the other hand, H acquired the ownership of the instant land, each of the relevant land, and the relevant building; (c) around 2010 after acquiring the ownership of the instant land, each of the relevant land, and the relevant building; and (d) the instant building was owned or attached to H, and thus, the instant building is also owned or attached to H; (d) the Defendant owned or used a part of the instant related building and a part of the instant building; and (e) filed a lawsuit against the Defendant for its request for extradition (the Busan District Court 2010Da6617).

2 Busan District Court held H ownership of the instant building, but the instant building cannot be deemed as a accessory or accessory to the instant building.