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1. Of the judgment of the first instance court, 11,721,183 won against the counterclaim Defendant and its related thereto from November 17, 2016.
Reasons
1. Basic facts
A. On the land listed in paragraph (1) of the attached Table 1 of the list of real estate (hereinafter referred to as “instant land” in the following below), the land contains three-story buildings (in the registry: a 3-story store in reinforced concrete sloping roof, 230.84m2, 230.84m2, 230.84m2, 30.84m2, 230.84m2, 230.84m2, below, hereinafter referred to as the “instant building”). On the 1st floor of the instant building, there are two separate stores for N throughO, 2 and 3 floors, and one separate store for each of the above divided stores are registered as separate independent buildings on the registry.
B. R and C (R R R R R L) completed registration of initial ownership on May 6, 1986 as to buildings listed in [Attachment 2] List of Real Estate (three floors among the buildings in this case, and below “three-story stores in this case”) in the proportion of 1/2 shares, respectively.
R의 이 사건 3층 점포 중 1/2 지분과 이 사건 토지 중 276/3,307 지분은 1986. 5. 6. S에게, 1987. 2. 18. E(R의 아들로서 C의 동생이다)에게, 1998. 9. 2. C에게 차례로 소유권이전등기가 마쳐졌다가 이에 관하여 임의경매절차가 개시되어 2000. 1. 13. E이 처남댁인 원고 명의로 이를 낙찰받았다.
C’s 1/2 shares among the 3rd floor stores of this case and 850/3,307 shares among the land of this case were initiated in the voluntary auction procedure, and D was awarded a successful bid on May 23, 2002.
D As of July 2, 2007, the wife died, and the Defendant solely inherited the shares of 1/2 out of the 3rd floor store of this case and 850/3,307 out of the land of this case by agreement and division.
C. On April 16, 1996, E, under the name of T, operated “F” in part of the 3rd floor store of this case with a license for a 109.14 square meters among the 3rd floor store of this case (the Plaintiff’s business license was changed on June 3, 199). After completing the internal interior interior interior interior class work converting a dan into an entertainment drinking house, E, on October 16, 2001, around 74.92 square meters among the 3rd floor store of this case under the Defendant’s Dong G name.