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(영문) 서울중앙지방법원 2016.08.18 2016가합505788
임대료 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The ownership of each real estate listed in the separate sheet 1 and 2 list 1) E is the Yeongdeungpo-gu Seoul Metropolitan Government F site (hereinafter “instant land”).

B) On December 1984, G, the wife of the instant land, died on or around December 1984, G transferred 6/21 shares, 6/21 shares, 6/21 shares, 1/21 shares, 4/21 shares, 4/21 shares, 4/21 shares, and 2/31 shares, 1/2 of the shares, 1/2 of the shares, and 1/2 of the shares, 3/7 shares, 2/7 shares, 3/7 shares, 2/7 shares, 3/7 shares, and 3/7 shares, 3/7 shares, 3/7 shares, and 3/7 shares, respectively.

3) On October 2005, the instant aggregate building, which is a business facility of the 8th underground and the 12th floor above the instant land (hereinafter “instant aggregate building”).

4) After completion, G died on May 11, 2014 and thereafter, H, I, and D, their children, and Plaintiff A, who is a child-based inheritor, jointly succeeds to the respective 1/4 shares, 3/28 shares, 11/98 shares, 11/147 shares, 11/42 shares, and 11/42 shares, respectively.

5) Meanwhile, on December 11, 2008, the Plaintiffs and G filed a lawsuit against the remaining co-owners of the building of this case as Seoul Southern District Court 2008Gahap24877, which filed a lawsuit against the co-owners of the building of this case (Plaintiffs and G filed an application for conciliation to the effect that they first select and request the Plaintiff as representative for the Plaintiffs, but they revised the purport of the claim to seek partition of co-owned property as at the nine pleadings.

The judgment of partition of co-owned properties, such as the plaintiffs shared real estate listed in the separate sheet No. 1 among the instant building on July 23, 2015 in the Supreme Court, following the appellate trial, as shown in the separate sheet No. 3, and H decided to own real estate listed in the separate sheet No. 2, was finalized, but the transfer of ownership pursuant thereto was not completed in 2005.

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