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(영문) 대구고등법원 2016.01.28 2014나148

토지임료

Text

1. Of the judgment of the court of first instance, the payment order of the Plaintiff’s part against Defendant H, I, and J exceeds the following amount.

Reasons

1. Basic facts

A. The ownership relationship of the instant land 1) Weight-gu, Daegu-gu, 4,038.3 square meters (hereinafter “instant land”).

) The original X and Y(hereinafter referred to as “X, etc.”)

AA, Z, AC, AD, and AE (hereinafter referred to as “A, etc.”) with respect to the aggregate of 1/12 shares in each of the instant land on June 6, 1970, with respect to the aggregate of 1/2 shares.

(B) On August 20, 1975, the shares 2/1221.6 of the shares in X, etc. were transferred to AY on August 20, 1975, and X acquired again on May 13, 1986.

3) On February 6, 1993, shares 0.8759/1221.6 shares out of the shares of X, etc. were transferred to A; 2.9328/121.6 shares were transferred to BA; 3.5012/121.6 shares were transferred to BB; 3.5607/121.6 shares were transferred to BD; 0.8759/1221.6 shares were transferred to B; 2.16/616 of shares were transferred to B; 2.6/161 of shares were transferred to B; 2.6/16 of shares were transferred to B; 2.6/16 of shares were transferred to B; 2.6/16 of shares were transferred to B; 2.6/161 of shares were transferred to A; 2.61/616 of shares respectively on August 26, 1996; 1961/6161 of shares respectively.

After that, on February 7, 1995, AA’s share 12/1221.6 was transferred to BH on the ground of testamentary gift. The share 18/121.6 of the Z was transferred to AO on October 6, 1997 on the ground of inheritance by agreement, and 7.5/1221.6 of the shares of AO was transferred to AK on October 8, 1997.

5) A new construction corporation (hereinafter referred to as “new construction”).

(A) On February 3, 2003, from the other co-owners (AZ, BA, BC, BE, BF, Y, Y, and Q, the share of the land in this case among the co-owners of the land in this case (hereinafter referred to as “the share”) of the 1174.5921/121.6.