beta
(영문) 서울동부지방법원 2020.01.15 2018나23010

건물명도 등

Text

1. The part against Defendant B among the judgment of the first instance is revoked.

2. The plaintiff's defendant B corporation

Reasons

1. Basic facts

A. On December 26, 2002, each real estate listed in the separate sheet in the ownership relationship list of each real estate listed in the separate sheet (hereinafter referred to as "each real estate listed in the separate sheet") is specified only in the number of units, and the combination thereof is completed with respect to the Ftel located in Gwangjin-gu in Seoul Special Metropolitan City (hereinafter "the building of this case"). The plaintiff completed each registration of preservation of ownership as to the share of 4/6 shares, the share of 1/6 shares, and the share of 1/6 shares, respectively.

Defendant B (hereinafter “Defendant B”) completed the registration of ownership transfer on September 10, 2008 on the ground of the Plaintiff’s share in each of the instant real estate and the total of 1/6 shares in G and Defendant D’s share in the aggregate of 3/6 shares in each of the Plaintiff’s share in each of the instant real estate on September 10, 208.

Accordingly, the Plaintiff and Defendant B owned 3/6 shares of each of the instant real estate.

B. On December 19, 2013, Defendant B leased all of the H units to L without consultation with the Plaintiff, which is the owner of H-3/6 shares on December 19, 2013, with the period of lease from December 23, 2013 to December 23, 2014. L occupied H units from around that time and used H units around February 28, 2017. Meanwhile, on March 2, 2017, Defendant B occupied the entire amount of the H units to KRW 3 million, KRW 500,000 monthly rent, KRW 500,000 from December 23, 2013 to KRW 305,00,000, KRW 205,000, KRW 305,000, KRW 250,000, KRW 95,000, KRW 95,000, KRW 305,00.

Meanwhile, Defendant B’s M-3.