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(영문) 부산지방법원 2017.02.07 2015가단232961
공작물철거 등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. As to the buildings listed in the currently annexed list (hereinafter “instant building”), the Plaintiffs share 24/72 shares in total, Defendant F shares in 21/72 shares, Defendant G shares in 4/72 shares, I shares in 4/72 shares, and J shares in 19/72 shares.

B. The plaintiffs filed a co-owned property partition lawsuit as to the building of this case as Busan District Court 82Kahap151. At the time, the remaining co-owned share holders except the plaintiffs who became the defendant of the above lawsuit are both defendant G (name before the opening name: K), L (as transferred to defendant F), M (as transferred to J after that time), N (as transferred to L, M) and I, and I all of the plaintiffs' family members of the deceased deceased deceased. In particular, the above N is the mother of the deceasedO and the mother of the plaintiff A.

C. On April 9, 1982, Plaintiff A, as the agent of Plaintiff B and C, drafted a notarial deed (hereinafter “instant agreement”) between Plaintiff A and the mother N who represented both the remaining co-ownership right holders, as follows:

1. As regards the site owned by the above original defendants, the rights of shares under their own shares shall be maintained as they are.

2. As to the part of the building owned by the above original defendants

A. The Defendants are identified as owned by the Plaintiffs with respect to one column of the shop on board (the part on the present P circuit) in which the two floors and the first floor of the building are connected in sequence 1, 2, 3, 4 and 1, as shown in Appendix 3.

B. The Plaintiffs cannot exercise their rights as co-owners of the buildings except for the specific parts as above, and the Defendants may not exercise their rights as co-owners in any case with respect to the specific buildings owned by the Plaintiffs.

C. In the event that the original Defendant subsequently completed the completion inspection of the building and subsequently completed the division registration, the specific part owned by the Plaintiffs as above is registered in the name of the Plaintiffs, and as to the remaining part, in the joint ownership of the Defendants.

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