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(영문) 전주지방법원 2019.12.19 2018나13069

임차권존재확인청구

Text

1. Of the judgment of the court of first instance, the part against the Defendants is modified as follows. A.

The Defendants jointly do so.

Reasons

1. Facts of recognition;

A. On December 21, 1998, the Plaintiffs and Defendants, M, N, andO jointly won the instant building on the attached list 1 (hereinafter “instant building”). On the same day, the Plaintiff completed the registration of ownership transfer with respect to each co-ownership share (the shares of the Defendants and Nonparty M, the Plaintiffs, Non-Party N, and Non-Party N andO, each of 1/22 shares) among the above buildings (the shares of the Defendant and Non-Party M). (2) On December 17, 2008, Plaintiff B completed the registration of ownership transfer with respect to each of the instant buildings on December 17, 2008, on the grounds of sale on December 17, 2008. As to the said shares transferred Q 1/22 shares, Plaintiff A completed the registration of ownership transfer due to voluntary auction on May 23, 2012.

3) Meanwhile, on February 11, 2004, M completed the registration of ownership transfer for one’s 2/22 shares among the instant building on February 4, 2004. P completed the registration of ownership transfer for the said shares on April 25, 2016 to D on April 18, 2016. Meanwhile, N completed the registration of ownership transfer for one-2 shares among the instant building on February 9, 201 to Defendant F on February 7, 2016.

5) At present, the share of ownership of the building of this case is as listed in the attached Table 2. B. The conclusion of the instant lease agreement and the payment of the lease deposit 1) the building of this case jointly won a successful bid.

1) The owners of the 13 co-owners described in paragraph (1) enter into a lease agreement with the plaintiffs, N, andO on August 23, 2002, under which they enter into a lease agreement with the Plaintiffs, N, andO for the lease deposit amount of KRW 80,000,000 from August 23, 2002 to August 22, 2004 (hereinafter “instant lease agreement”).

A) Around that time, the Plaintiffs, N, andO received KRW 80,000,000 from the said lease deposit.