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(영문) 서울중앙지방법원 2019.08.22 2019가단5004734
임료 등
Text

1. The plaintiffs' claims against the defendants are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On July 31, 1989, J donated the Defendants a share of the Seocho-gu Seoul Metropolitan Government I 1 191 square meters (hereinafter “instant land”) to the Defendants, and transferred the registration of transfer to the Defendants on July 31, 1989, the Defendants owned 132/8 (the sum 528/828) of each share.

K donated a part of the shares of the instant land to the Plaintiffs and transferred the registration of transfer on July 31, 1989, thereby holding 62/8 (total 828/8/828) of each share of the Plaintiffs.

K donated the remaining shares of the instant land to the Defendants, and transferred the registration of transfer on July 31, 1989, thereby additionally owning 13/8 (the sum 52/828) of each share of the instant land.

(As of July 31, 1989, the plaintiffs owned 62/828 of each of the shares of the land of this case, and the defendants owned 145/8 of each of the shares of 828)

B. On the instant land, there is a building with a size of 92.64 square meters for one-story neighborhood living facilities in the brick slive slive roof and branch roof on the ground of the instant land. K sold to Defendant E and completed the registration of transfer on January 13, 1993, thereby Defendant E became the owner of the instant building.

The part of the land in this case occupied by the above building is indicated in the attached Form A, B, C, and D.

C. On March 11, 2011, the Plaintiffs filed a lawsuit against the Defendants as to partition of co-owned property on the instant land (Seoul Central District Court 201Da86513, hereinafter “previous lawsuit”).

1. Of the instant land, the part indicating the following drawings is jointly owned by the Plaintiffs, and the part indicating the same drawings is 134 square meters in common by the Defendants, respectively.

2. With respect to the Defendants and the instant land, the Plaintiffs: (a) on February 21, 2013, 201, Seoul Central District Court 201Gadan86513, with respect to the land size of 4 square meters as indicated in the attached Form A 29 square meters and the same drawing indication; (b) on February 21, 2013, the developer of superficies: the Plaintiffs, the Defendants, the persons holding superficies, and the objective: the building ownership, duration: Land price: February 21, 2023; 1,565.

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