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1. The plaintiffs' claims against the defendants are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. AM, around 1979, newly built a commercial building (hereinafter referred to as “instant building”) on the third floor above the ground level above the ground level below the ground level below the Seoul, Gangnam-gu, Seoul and 524 square meters (hereinafter referred to as “the instant building”) in 1979; 47 square meters prior to the Gangnam-gu Seoul, AP; 44 square meters prior to AP; 1,007 square meters; hereinafter referred to as “the instant second land”); hereinafter “the instant building”); and when two parcels are replaced, it was completed the completion inspection on January 30, 1980.
B. Defendant D, E, G, F, and H, the owners of the underground stores of the instant building, share the above underground floor and the share of each of the instant land corresponding thereto. The remaining Defendants, the owners of the 1,2, and the 3rd stores above the instant building, are divided by specifying the number of houses, and owned the share of each of the instant land corresponding to the share of each sectional ownership.
(1) Defendant I shared the underground floor of the instant building with the owner of the said underground floor, and transferred the share of his underground floor and the share of each of the instant land corresponding thereto to Defendant H on January 18, 2017. Defendant D entered into a sales contract with AM on or around 1979, and the remainder of the Defendants purchased each of the relevant stores from the buyer.
The Defendants own their sections of exclusive ownership or common ownership among the instant buildings, and use and benefit from all of the instant land.
C. Meanwhile, AM did not transfer the ownership of each of the instant lands and buildings based on the sales contract to the buyer in the future, but did not transfer the ownership of each of the instant lands and buildings at the same ratio as the ownership of each of the instant lands to the buyer, and reserved the ownership of each of the instant lands.
AM is a sales contract with each buyer.