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(영문) 서울동부지방법원 2018.08.24 2017나30370
건물명도
Text

1. The part against the defendant in the judgment of the court of first instance regarding a monetary claim shall be revoked, and the revoked part shall be revoked.

Reasons

1. Basic facts

A. On December 26, 2002, the Plaintiff completed the registration of initial ownership relating to 4/6 shares among each real estate listed in the separate sheet (hereinafter “instant building 1 through 5”), and on August 13, 2008, the Plaintiff completed the registration of initial ownership transfer with respect to 1/6 shares in each of the instant 1/6 shares among the instant 1 through 5 buildings.

B. On March 26, 2012, Defendant B completed the registration of ownership transfer with respect to one-half shares among the instant buildings, and one-half shares among the instant two buildings on June 15, 2012, and Defendant C completed the registration of ownership transfer with respect to one-half shares among the instant three buildings on July 9, 2010. On July 14, 2010, Defendant C completed the registration of ownership transfer with respect to one-half shares among the instant four and five buildings on July 14, 2010, and completed the registration of ownership transfer with respect to one-half shares among the instant four and five buildings on January 30, 2018.

C. Since Defendant B acquired co-ownership shares in the instant building 1 and 2, until now, since Defendant C acquired the co-ownership shares in the instant building 3, Defendant C occupied the said building until now, and Defendant C occupied each of the said buildings until January 30, 2018 after acquiring the co-ownership shares in the instant building 4 and 5.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 16-1, 2, 17-1, 2, and 18-1, 2, and 18-2, the purport of the whole pleadings

2. According to the above facts, the building of this case 1 and 2 are owned by the plaintiff and defendant B, and the building of this case 3 are jointly owned by the plaintiff and defendant C, and even if they are co-owners holding shares or those holding the right to claim the registration of ownership transfer with respect to shares, they cannot be used exclusively without consultation with other co-owners. Thus, even if their shares fall short of the majority, the other co-owners are jointly owned by the co-owners. Thus, even if their shares fall short of the majority, they are jointly owned by the co-owners.

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