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(영문) 창원지방법원 2015.11.17 2015나1257
소유권말소등기
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The history of the instant real estate 1) Buildings 3rd floor D in Kimhae-si, including the instant real estate (hereinafter “instant building”)

Part 101 of the first floor (hereinafter referred to as "the second floor") is all sections of the building in this case, and only the number is stated as such.

(2) On September 20, 200, the area of the exclusive ownership was first registered in the collective building ledger with the size of 266.6925 square meters. On January 21, 2008, the exclusive ownership under subparagraph 101 was divided into the size of 186.2175 square meters and No. 113, 80.475 square meters; 2) the exclusive ownership under subparagraph 101 and the joint ownership portion of 186.2175 square meters and the 20.279 square meters and the joint ownership portion of 160.978 square meters and the joint ownership portion of 17.5304 square meters and the 17.2397 square meters of the exclusive ownership under subparagraph 101 of the same Article on July 3, 2012 (the real estate of this case) and the 27.486 square meters of the joint ownership portion.

3) On June 15, 2010, the Defendant completed the registration of ownership transfer with respect to the above No. 101, 186.2175 square meters prior to the division of the instant real estate, including the instant real estate. (B) The Plaintiffs jointly purchased from the Defendant’s husband G on September 1, 2000, No. 102 heading 76.7375 square meters and completed the registration of ownership transfer with respect to the Plaintiff A’s 3/4 shares, and the Plaintiff B completed the registration of ownership transfer with respect to the portion of 1/4 shares.

At around that time, the Plaintiffs jointly leased the lease deposit amount of KRW 200,000,000 per month, and KRW 4,350,000 per month, even before the classification of 101 heading 101 and 266.6925 heading the above 101 and 102.

2) Following the completion of a lease agreement with respect to the area of 101 square meters prior to the subdivision on September 2006, the Plaintiffs returned only the remainder except for the instant real estate among the above No. 101, and operated a pre-paid house by combining the instant real estate and No. 102, and around October 2013, H leased the sum of the instant real estate and No. 102 to H and used it as of the date of the closing of argument in the instant case as of the date of closing of argument. [Grounds for recognition] There is no dispute, the Plaintiffs are occupying and using it as of the date of closing of argument in the instant case. [The grounds for recognition], Gap’s evidence No. 1 through 3, 6, 16 through 19, Eul’s evidence No. 2,7 through 11 (including the number of paper numbers].

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