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(영문) 서울서부지방법원 2014.06.26 2013가단42222
청구이의
Text

1. The plaintiff's claim is dismissed.

2. As to the case of application for suspension of compulsory execution by this Court 2013Kagba2194, December 2013

Reasons

1. Basic facts

A. The relationship between the Plaintiff and the Defendant (1) was originally owned by D and E with 1/2 shares, and there was multi-household housing consisting of six households in the above land, namely, Non-01, Non-02, Non-01, 102, 102, 201, and 202.

The 31.3/188 shares in D owned were transferred to F, and the 31.3/188 shares were transferred to G, H, and the 31.3/188 shares were transferred to H, and the 31/188 shares were transferred to G, H, and the 31/188 shares were transferred to the 02 shares, and the 0.35/188 shares were transferred to the 0.05/18 shares in J, K, L, M, and N, respectively.

Of E shares 31.33/188, 101 shares have been transferred to the Corporation, and 31.33/188 shares have been registered, and 201 shares have been transferred to the Defendant after transfer to the P, and the remaining 31.34/188 shares have been transferred to the Defendant.

(2) The land of this case is owned by the Plaintiff-owned 0.35/188, the remainder of which does not have a right to a site registration, and 0.05/188 owned by J, etc., and 31.74 square meters owned by the Defendant-owned 31.74 square meters by possession of multi-household 102. The Defendant is the owner of 31.34/31.74 shares among them, and the Plaintiff is the owner who acquired the ownership of subparagraph 102 on November 10, 2007.

Meanwhile, the annual rent of 31.34 square meters owned by the Plaintiff as the owner of 102 heading (i.e., 31.74 square meters x 31.34/31.74) is 1,331,664 won.

(3) On October 10, 2012, the Defendant transferred the ownership of the said shares to Qua Housing Reconstruction Project Association.

B. The Seoul Western District Court 2009Gapo64311 progress of the case (1) the defendant paid the plaintiff 3,313,160 won to the defendant on May 26, 2009, the Seoul Western District Court 2009 stating that "the plaintiff paid the plaintiff 3,313,160 won to the defendant on the ground of the claim against the plaintiff for the land rent for the year 2005 and the late payment damages until December 31, 2009, the land rent for the year 2008 and the late payment damages from January 1, 2009 to December 31, 209, and the late payment damages from the year 2009 to December 31, 209."

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