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(영문) 서울중앙지방법원 2015.06.05 2011가단453380
지료결정 및 지급
Text

1. The Plaintiff:

A. Defendant B shall be KRW 6,067,605, KRW 467,140 for Defendant C, and KRW 1,296,316 for Defendant D and each of the said money.

Reasons

1. Facts of recognition;

A. The construction and sale of the instant commercial building 1) F is jointly owned by five persons, including F, around January 6, 1978, including five persons, including Seoul, Gangnam-gu E-gu, 965 square meters (hereinafter “instant site”).

3) On the ground, the building listed in the separate sheet No. 1 (hereinafter “instant commercial building”).

A) The F newly built the instant commercial building. The F made each store and office of the instant commercial building as the object of sectional ownership registration from February 14, 1978 to December 29, 1978, and completed the registration of ownership preservation in the F’s name. 2) From February 14, 1978 to December 29, 1978, F sold all the remainder of the store and office excluding underground floors G among the instant commercial building from December 1982, and sold to buyers in proportion to their size as well as the corridor, rooftop and the instant building site in common areas as well as the relevant section for exclusive use. Since the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act on the Ownership and Management of Aggregate Buildings”) was enforced, F completed the registration of ownership transfer of the instant building to buyers in accordance with each sales contract.

3) As a result of the above sale, 5.484 shares equivalent to 5.485 percent of the size of underground floor G out of the F’s shares concerning underground floor G and the instant site (hereinafter “instant shares”).

B. At the time of the construction of the instant commercial building, the underground floor G was registered as boiler rooms on the building ledger and used as boiler rooms, management office rooms, etc. from December 31, 191 to the public restaurant from November 1, 2002.

2) On October 29, 2002, F donated the shares of the underground floor G and this case to H, his wife, and completed the registration of ownership transfer under the name of H on November 1, 2002. 3) The sectional owners, who purchased each of the instant stores and offices from F or purchased before it, are co-ownership of the sectional owners of the instant commercial building as common areas of the instant commercial building.

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