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(영문) 서울중앙지방법원 2020.01.30 2019가단5194439

건물명도 등 청구의 소

Text

1. The defendant,

A. Attached 3, 4 drawings for real estate listed in Attached 2, listed in Attached 5.

Reasons

1. As to the cause of claim

A. Facts of recognition 1) Attached Form 2 building part of Attached Form 2 (8 floor among the building 1 unit) is divided into Category C and Category D zone as shown in Attached Form 3, and in case of Category C zone, the area of each section of exclusive ownership is 11.00 square meters, and in case of Zone D, 16.57 square meters, each section of exclusive ownership is 16.57 square meters. 2) Selection E in Attached Form 2 (8 floor among the part of the building 1 unit) owned by the F (hereinafter referred to as “Attachment 2”) is specified only by the head of each unit.

(B) The Appointor completed the registration of ownership transfer on July 31, 2018 by reason of “the testamentary gift on April 24, 2016,” with respect to “H,” on the ground of “the inheritance by agreement and division on March 16, 2016,” and completed the registration of ownership transfer on June 28, 2016.

C) On October 27, 2008, L (5/10 of shares), M (2.5/10 of shares), and N (2.5/10 of shares) acquired shares on October 27, 2008 with respect to K, and P (4/10 of shares) purchased shares, and P (2/10 of shares) acquired shares on April 23, 2012, Q (2/10 of shares), Selection (8/10 of shares) acquired shares on October 27, 2008, and thereafter R purchased shares from Q to the shares of Q and acquired shares on February 3, 2016.

E) The Selections R purchased Sho, Q Q, and completed the registration of ownership transfer on February 3, 2016, thereby completing the registration of ownership transfer on October 27, 2008. This does not change the name of the owner after acquiring the ownership under U on October 27, 2008.

T on May 21, 2016, the heir died, and there is V, X, and Y who is the spouse.

With respect to the Zho, AA acquired on October 27, 2008, 2/4 shares, and 1/4 shares on October 28, 2008, respectively. AC acquired on October 28, 2008, 1/4 shares of AB on December 11, 2008.

AB died on January 21, 2016, and is the heir of AB.