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(영문) 서울중앙지방법원 2016.08.10 2014가단5208388
사용료
Text

1. The Defendant’s KRW 2,892,675 as well as the Plaintiff’s annual rate from August 13, 2014 to August 10, 2016.

Reasons

1. Facts of recognition;

A. B on March 13, 2002, the title of the instant real estate is changed 1) B: (a) Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City, Dabu 143 square meters (hereinafter “instant real estate”).

B) On February 1, 2002 with respect to the 117/397 shares, the ownership transfer registration (number 3) was completed in one’s future. On April 21, 2011, B completed the ownership transfer registration (number 4) in one’s future on the ground of the remaining 280/397 shares out of the instant real estate as of April 13, 201. B sold the entire instant real estate to D on April 25, 201, and completed the ownership transfer registration (number 5) in D on the same day. However, on April 25, 2011, the Seoul Central District Court revoked the ownership transfer registration number No. 434341 between B and D on April 25, 2011 as a fraudulent act and declared that the ownership transfer registration number of the instant real estate was returned to Seoul High Court No. 1375, May 13, 2015.

In the same court F compulsory auction case, the Plaintiff acquired ownership by winning a successful bid of 280/397 shares in the name of B, the remaining shares among the real estate in this case, and paying the sale price on March 19, 2014.

3) On June 24, 2014, the Plaintiff sold 1/2 shares of the instant real estate to G and H, and completed the registration of ownership transfer in the G and H on July 24, 2014. (B) The Defendant occupied the instant real estate on November 5, 1990, purchased a building without permission (hereinafter “Defendant’s building”) on the ground located in the Seoul Special Metropolitan City, Gwanak-gu I located adjacent to the instant real estate, and acquired its ownership until now.

2. Defendant.

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