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(영문) 서울중앙지방법원 2014.07.07 2011가단360006

토지사용료(임료)

Text

1. The plaintiff's claim of this case is all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The buildings listed in the attached list (real estate identification number: D., hereinafter., the building in this case) are part of the above ground reinforced concrete structure slive roof and one unit building with 873.04 square meters of 2nd floor and 2nd floor 702.75 square meters of 2nd floor (hereinafter referred to as "W building"), which are separate sections from other parts of the W building on the attached list, and are registered as a sectional ownership of the W building due to real estate registration injury, even though it is registered as a sectional ownership of the W building.

B. W building was completed on October 30, 1958, and was judged as dangerous buildings and defective buildings as a result of structural safety inspection conducted around May 2002, and was ordered to be reinforced by the Seoul Special Metropolitan City and Jung-gu Office.

Therefore, in around 2005, the owners of W buildings have constructed a steel structure in which reinforced concrete structure of the existing building was changed into a steel structure, and currently, the current status of W buildings is a 4-story building with the 14th floor or 3th floor each 925 square meters, but the existing 14 aggregate building registration and one general registration are used due to the extended part without permission, and there is no difference between the entry and the current status on the register.

C. Defendant B’s share of 2/3 of the instant building around June 19, 1996

5.31. Completion of the registration of ownership transfer by reason of sale.

On November 2, 2010, the Plaintiff purchased the above land shares in a voluntary auction procedure for the share of 40/160.8 (hereinafter referred to as “instant share of land”) owned by Defendant B, the husband of Defendant B, among the land of 49.3 square meters in Jung-gu Seoul Metropolitan Government E, Jung-gu, Seoul, and completed the registration of ownership transfer on or around the 11st day of the same month.

E. Defendant C Branch Co., Ltd (hereinafter referred to as the “PP”) shall be its members who own W Building and its site, and shall receive rent from the lessee of the store to which the management is entrusted.