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1. The defendant,
A. 1) 125,313,00 won, 2) 13,415,000 won for the Appointeds D and E respectively; and
Reasons
1. Facts of recognition;
A. From around 1999, the GH shared the share of 4/5 shares and 1/5 shares in the GH from around 1999. However, the registration of inheritance was completed on January 16, 2009 for the net H H shares upon the Plaintiff (Appointed Party)’s death on January 16, 2009. On the other hand, the Appointed donated the 1/5 shares, one/10 shares of 1/5 shares, which are his/her own shares, to E, and the ownership transfer registration was completed on May 20, 2012.
Therefore, the present site of this case is currently owned by Plaintiff (Appointed Party) A, 1/10 shares, D and 1/10 shares, respectively.
B. On the instant site, there exists a building indicated in the list of real estate on the surface of the first floor and the third floor size of the ground without a site ownership registration (hereinafter “instant building”). The Defendant completed the registration of ownership transfer on the ground of the following: (i) the building of this case’s ① on July 31, 2014 with respect to the shares of 1/5 among 1st floor I; and (ii) the remaining 4/5 shares on September 3, 2009 with respect to 2nd floor J; (iii) on 3rd floor K on December 7, 2012; and (iv) on 3rd floor L L, on December 7, 2012; (v) on 19 October 9, 2012; and (vii) on subparagraph (e) on 1st floor, on October 9, 2012; and (vii) on subparagraph (c) on October 9, 2012, on each underground floor subparagraph 1.
C. The Appointed D and the Plaintiff (Appointed Party) filed a lawsuit against the Defendant on the ground that the Defendant owned the second floor No. 2010da8290, Seoul Western District Court 2010, and occupied the instant site among the instant building, and the said court held the Defendant as of September 16, 201, the Defendant paid to the Appointor D KRW 134,275 per month from September 4, 2009 to the date on which the Defendant occupied the instant building or the date on which the Defendant lost ownership, and from September 4, 2009 to September 4, 2009, the Defendant occupied the instant building site from the Defendant.