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(영문) 대구지방법원 김천지원 2018.06.12 2016가단31561

지분소유권이전등기

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1. The plaintiffs' primary claims are dismissed.

2. The real estate stated in the annex shall be put to an auction and proceeds therefrom.

Reasons

1. Facts of recognition;

A. The 1/2 shares of the Plaintiffs each are owned by the Plaintiff, and FJ 381.3 square meters (hereinafter “F land”) owned by G and H each 1/2 shares, and the Defendants purchased each of the above shares and completed the registration of ownership transfer on December 17, 2010 each 1/2 shares.

B. On October 4, 2005, the Plaintiffs entered into a lease agreement with I as set forth in the following: (a) the deposit amount of KRW 40 million for the whole land of E; (b) the lease period from January 1, 2006 to December 31, 2010; and (c) the rent amount of KRW 2.4 million per month; and (d) the lease agreement as set forth in the following special agreements.

1. On the land subject to this contract, a lessee is required to bear the cost of construction work for a building and any other ground object constructed by the lessee for business profits, but the cost of construction for the ground object is deemed to include a specified amount of the rent, which is the rent the lessee pays to the lessor, and thus, the building management ledger and the ownership in the name of the building registration, shall be deemed the lessor, and the lessee shall not claim any rights.

2. The lessee shall, after taking profits from use, transfer the lease without compensation to the lessor while he has maintained the object on all the land immediately after the term of the lease expires;

7. It shall be possible to separate a building regardless of whether it is another time when it is constructed;

C. On December 17, 2010, the registration of ownership transfer was completed in the names of the Plaintiffs, G, and H with respect to the instant building. On the same day, the registration of ownership transfer was completed on November 1, 2010 for each one-fourth share of G and H with respect to each one-fourth share of each one-fourth share on the same day.

The Plaintiffs, between Defendant C on January 3, 201 and Defendant C, as to the portion of 1/2 shares owned by the Plaintiffs among the instant buildings, KRW 50 million, and the term of lease from January 1, 201 to December 2015.