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(영문) 춘천지방법원원주지원 2020.08.14 2020가단51091
약정금
Text

1. Defendant C pays KRW 4,800,000 to the Plaintiff.

2. The Plaintiff’s remaining claims against Defendant C and Defendant B.

Reasons

1. Facts recognized;

A. Co-ownership of land listed in attached Form 2 1) Attached Form 2 (hereinafter “instant land”);

(2) On June 22, 2009, Non-Party D owned the shares of F, G, and I among the above co-owners, and owned the shares of Non-Party F through Non-Party D, Non-Party G (8's shares), Defendant C (8's shares), Non-Party H (2's shares), and Non-Party I (8's shares) inherited on January 3, 1973.

3) On August 22, 2016, the Plaintiff acquired Defendant C’s share by compulsory auction, and owned 3/8 of the instant land. 4) The instant land is owned by J (3/8), Plaintiff (3/8), and H (2/8) as of the foregoing circumstance.

B. The current status and ownership of the building listed in attached Form 1 (hereinafter “instant building”) attached Form 1 (hereinafter “instant building”)

(2) At the time of the instant land on May 15, 2012, the registration of ownership transfer was completed with the Defendant C, who was a co-owner on May 15, 2012, and the registration of ownership transfer was completed on May 15, 2012. On June 19, 2014, the registration of ownership transfer was completed due to the sale to Defendant B and became the ownership of Defendant B.

C. The Plaintiff’s claim for partition of co-owned property and land use fee claim and 1 Plaintiff filed a lawsuit against J, H and Defendant B, the co-owner of the instant land, as Incheon District Court Decision 2016Da235632, which was the owner of the instant building, and on December 16, 2016, Defendant B paid the amount calculated at the rate of KRW 150,000 per month from August 8, 2016 to the Plaintiff as land usage fee of KRW 3/8 of the Plaintiff’s share out of the instant land, and the said decision became final and conclusive at that time.

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