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(영문) 서울고등법원 2016.08.25 2014나23173
임대료
Text

1.In accordance with a claim changed in the trial,

A. The defendants are entitled to the plaintiffs to submit the attached claim amount table to the plaintiffs.

Reasons

1. Facts of recognition;

A. X owned the Yeongdeungpo-gu Seoul Y Land (hereinafter “instant land”). However, on December 28, 1984, after the death of December 28, 1984, the land of this case was inherited by the wife, the headnam A, the shares of 6/21 shares, the shares of 1/21 shares, the shares of 1/21 shares, the shares of 1/21 shares, 2/21 shares, and 4/21 shares of 4/21 shares, respectively.

B. AB, around 1993, transferred 1/2 of its own shares in the land of this case to the Defendant’s Intervenor and his wife, who are Nonparty 1 and AD (this led to the Defendant’s Intervenor and AD owned 1/42 shares each), and AC died on February 15, 1993 and jointly succeeded to the shares held by the Plaintiff B and his wife, and C and D, who are their wife, respectively.

(B) The plaintiff B owns 8/147 shares, 12/147 shares, and 8/147 shares, respectively).

Co-owners of the instant land, including the Plaintiffs, agreed to newly construct business facilities buildings on the instant land, and concluded a delegation contract with the Defendant’s Intervenor on September 2002, with the content that the Defendant’s Intervenor and the Defendant’s Intervenor delegated all of the powers regarding the construction of the instant building and the use and profit disposal of the said building and site.

(hereinafter “instant delegation contract”) D.

The defendant assistant intervenor completed the AG aggregate building which is a business facility of the 8th underground and the 12th floor above the land in this case around October 2005. Part of the above aggregate building was disposed of to cover construction costs, and registration of preservation of ownership is completed in accordance with the share ratio of co-owners of the land in this case with respect to the remaining sections including the real estate in the separate sheet (hereinafter "the building in this case").

(However, around May 2009, AD transferred part of its shares to AE and AF, which are their children, and thereby, AD, AE, and AF owned 1/126 shares, respectively). Thereafter, the Defendant’s Intervenor leased the building of this case and managed its rent revenues, etc.

E. The plaintiffs and the Z shall not apply to the defendant's supplementary intervenor on October 17, 2008.

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