(영문) 서울남부지방법원 2017.01.19 2015가합109394

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(영문) 서울남부지방법원 2017.01.19 2015가합109394

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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The relationship D and E between the parties, etc., were between husband and wife, and under which the head of South and North C, the South and North F, the South and North C, the 4 South and North G, the 5 South and North H.

B. The Plaintiff’s attached 1) purchased the instant building and its adjacent site on or around December 4, 2002, and around July 2004, the construction was completed on or around July 2005. (2) The Defendants completed the ownership transfer registration on the instant building and its adjacent site on December 20, 2002, with respect to the instant building and its adjacent site 69m2, J-4m2, K-sized 10m2, L-sized 52m2m2 and M-sized 52m2m2. The shares of Defendant B were 24/40, and the shares of Defendant C were 16/40, and the shares of Defendant C were 16/40.

On April 11, 2005, the Plaintiff completed the registration of transfer of ownership based on the sale on the same date with respect to part of the Defendant C shares of the instant building. The instant building is currently owned by Plaintiff 0.8/40, Defendant B24/40, and Defendant C15.2/40.

3) In addition, between April 8, 2003 and July 15, 2005, the Plaintiff completed the registration of transfer of each ownership based on sale and purchase with respect to the No. 3 square meters of road, O large 209 square meters of land adjacent to the building of this case, P miscellaneous land, 8 square meters of land, Q 36 square meters of land, and R 13 square meters of land. (C) The Defendants, such as the possession and use of the building of this case, etc., registered the business with respect to the building of this case as “S” and “non-resident building rental business,” and Defendant B operated the pharmacy from June 2006 to June 2, 2008 as “T pharmacy,” from the first floor of the building of this case to “T pharmacy,” and G operated the pharmacy from around 206 to February 3, 2008 as “the building number No. 35 square meters of land and 5 square meters of land.”

(3) The witness G 15, 16, 26, 29, and 36 statements, and part of the witness G’s testimony (to be rejected in front).

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