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(영문) 서울중앙지방법원 2015.01.08 2012나33456
공유물분할, 지료 결정 및 지료지급
Text

1. Of the judgment of the first instance court, parts of the judgment against Defendant D, F, G, H, I, J, K, K, L, P, Q, R, S, T, V, X, Z, AA, and AB are as follows.

Reasons

1. Basic facts

A. (1) The status of a party (1) AD made a registration of the ownership transfer of the real estate listed in the separate sheet (hereinafter “instant underground floor AE”) on December 29, 1978 with respect to the real estate registered in the separate sheet (hereinafter “instant underground floor”) under the name of the Seoul Central District Court, Gangseo-gu Office of 93941, which was received on December 29, 1978. On October 29, 2002, AF donated AE of the instant commercial building to AF who is his/her father, and the said AF completed the registration of ownership transfer as the receipt of No. 132583, Nov. 1, 2002.

(2) The Defendants are co-owners who purchased each shop and office from AD with a 57.79 square meters in a 3rd floor, an underground room, or a 575.63 square meters in an underground room (hereinafter “instant commercial building”), as shown in the attached Table, from AD, each of the stores and offices of the iron bars AC ground in Gangnam-gu, Seoul and 1 Dong, 1, 575.64 square meters in a 3rd floor, 37.79 square meters in a 575.63 square meters in a 57

B. (1) AD, around January 6, 1978, newly constructed the instant commercial building, made each of the stores and offices of the instant commercial building as the object of sectional ownership, and made a registration of ownership preservation under its own name from February 14, 1978 to December 29, 1978, and completed the sale of each of the stores and offices except the AE of the instant commercial building from February 14, 1978 to December 14, 1978, and completed the sale of each of the stores and offices by December 1982 to the buyer, respectively.

(2) At the time of the sale, AD sold a corridor and rooftop in proportion to the area sold in lots among the public parts of the Gangnam-gu Seoul, Seoul, a building site of the instant shopping mall, and the common part of the instant shopping mall, but the share of 5.484/535 of the area of 5.484/535 of the instant shopping mall AE and the instant building site was not sold.

C. (1) At the time of the new construction of the instant commercial building, the use of subparagraph AE of the underground floor of the instant commercial building includes the floor area of the rooftop in the boiler room registry, but this is also an underground floor among the instant commercial buildings.

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