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(영문) 부산지방법원 2017.11.29 2016가합44984
사해행위취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

Basic Facts

The parties to the case (appointed parties; hereinafter referred to as the “Plaintiffs”) and the designated parties indicated in the list of designated parties A and attached Form 1 (hereinafter referred to as the “Plaintiffs,” both the Plaintiff and the designated parties, are co-owners who own a majority of their share rights as indicated below with respect to 7,032 square meters (hereinafter referred to as the “instant land”).

[ table] Co-owners' shares in the land of this case were acquired at the first date of acquisition by the plaintiffs (appointed parties) A 20.75/132, Jun. 23, 1990, the total share of the plaintiffs E 114.6/132, Jun. 23, 1990, G 12.97/132, G 12.97/132, H 1.08/132, J 1/132, J 1/132, J 1/132, J 3/132, L. 3/132, the remaining 13/132, M.4/132, N. 132N3/132, 132/132/132, 132/132/132 of the plaintiffs, and the list of the plaintiffs and P.C. buildings of this case (P. 1.7) and (3) 1/13/1/1/137) of the buildings of this case.

On December 22, 2010, the Plaintiff, Selection E, F, H, and G filed a lawsuit against C on December 22, 2010 for the removal of each of the instant buildings based on the act of preserving jointly-owned property, delivery of the instant land, and return of unjust enrichment equivalent to the rent.

(Seoul Central District Court 2010Kahap131468). On December 28, 2011, the first instance court rendered a judgment in favor of the plaintiffs on the ground that "the superficies contract that P entered into with the above plaintiffs' father R on January 15, 1979 was terminated on March 8, 2007, and thereafter C possessed each of the buildings of this case without legitimate title."

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