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(영문) 부산지방법원 2015.01.27 2014가단44624

건물등철거 등

Text

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

2. The costs of lawsuit shall be.

Reasons

1. Facts of recognition;

A. The land in this case is the land jointly owned by the Plaintiff (Appointed Party), Appointed Party G, and H with 1/3 of their co-ownership shares.

Details of the change of ownership on the land of this case are as follows.

A, G, B, and B are the defendants, and G are the designated parties, and the same shall apply to the same person.

J: From December 24, 1990 to July 11, 2007, a third person shared shares with 1/3 shares: The Plaintiff (Appointed Party): On July 12, 2007, the Plaintiff (Appointed Party): On September 22, 2011, the designated party to whom the J shares are transferred on December 11, 201: A’s transfer of shares on December 11, 201.

B. On the instant land, the two-story buildings listed in the annex No. 2 (1) are constructed, and the instant building is jointly owned by Defendant A 2/3 and Defendant B 1/3 of co-ownership share.

Details of the change of ownership of the building of this case are as follows.

A, G, and B: From December 24, 1990 to November 11, 2008, those third parties share 1/3 shares in shares: On November 12, 2008, the entire shares of G are transferred. < Amended by Presidential Decree No. 21140, Nov. 12, 2008>

C. From 194, Defendant C entered into a lease agreement with Defendant C, Defendant D, from 1994, Defendant E, from 1992, and Defendant F, from 193 to 193, on each part of the instant building’s claim No. 2-A, B, C, and D, respectively, with the owner of the instant building. The lease agreement was explicitly renewed, and even at present, the said Defendants occupied the relevant part as lessee.

The Plaintiff (Appointed Party), Appointed G, and H filed a lawsuit against Defendant A and B on the instant land by Busan District Court 2013Gaso78051. On November 25, 2013, the said court rendered a judgment that “the payment of the land rent of the instant land and the monthly fixed amount (the monthly fixed amount of KRW 122,613 for Defendant A, and KRW 61,306 for Defendant B) from October 1, 2013,” and the said judgment was finalized on December 20, 2013.

(hereinafter referred to as "previous land rent case"). [Grounds for recognition] does not dispute, entry in Gap evidence 1 through 4, and oral argument.