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(영문) 서울서부지방법원 2016.09.09 2016나30962
사용료
Text

1. Of the judgment of the court of first instance, the part against the plaintiff ordering payment is revoked.

2. The plaintiff

A. Defendant.

Reasons

1. Facts of recognition;

A. On around 1988, the Defendant Co., Ltd. (hereinafter referred to as “line image company”) newly constructed a building on the land listed in Annex 2 List No. 1 (hereinafter referred to as “instant land”) as well as on the ground of 12 parcels, in the form of separate ownership on the ground, other than the land listed in Annex 2 List No. 1 (hereinafter referred to as “instant land”). The instant land was partially transferred with the sectional ownership right as to the instant building except for partial exceptions, but some of the co-ownership shares of the instant land were transferred, but the remaining co-ownership shares were owned by the video company as it is or transferred to any other person

B. On December 27, 2006, the Plaintiff purchased 244.4/1136.8 (part of the shares in prior pictures) of the instant land from prior pictures, completed the registration of ownership transfer on January 11, 2007, and sold 49.5/1136.8 shares among them to Defendant C and D, and completed the registration of ownership transfer on February 26, 2010, etc. The Plaintiff transferred some of them to others, and then the Plaintiff currently owns 51.12/1136.8 shares of the instant land.

Defendant C Defendant C’s 111 on October 15, 202, the first floor No. 114 on May 17, 201, No. 20.40 on January 15, 2010, No. 112 on January 15, 201, the first floor No. 112 on August 15, 201, No. 115 on August 15, 201, No. 118.40 on August 20, 2010, No. 1113 on August 15, 2010, No. 116 on January 15, 2015, No. 1158.90 on January 15, 2010

C. Defendant B, among the instant buildings, is a sectional owner of a sectioned building as listed in Section 2 of Attached Table 2, as listed in Section 3 through 8 of Attached Table 2, and completed the registration of ownership transfer with respect to the relevant section of exclusive ownership among the instant buildings as listed in the following table. Defendant B owned the corresponding section of co-ownership of the instant land.

From June 3, 2011 to June 2, 2015, the rent for the instant land and the rent for the Plaintiff’s share from June 3 to June 2, 2015 x Plaintiff’s share ratio x KRW 51.12/1136.8.

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