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(영문) 창원지방법원 2015.01.27 2013가단32652
소유권말소등기
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On September 20, 2000, No. 101 of the first floor was registered in the collective building ledger with the area of the section for exclusive use on September 20, 2000.

The section of exclusive ownership 101 is divided into the section of exclusive ownership 266.6925 square meters on January 21, 2008 and the section of exclusive ownership 186.2175 square meters on January 21, 2008. The section of exclusive ownership 101 and the section of exclusive ownership 20.279 square meters on July 3, 2012 were subdivided into the section of exclusive ownership 160.978 square meters and the section of exclusive ownership 17.2397 square meters and the section of exclusive ownership 25.2397 square meters (the section of exclusive ownership 114 square meters and the section of exclusive ownership 25.2397 square meters and the section of exclusive ownership 2.7486 square meters on July 3, 2012.

B. The registration of preservation of ownership was made on September 25, 200 with respect to the above 101 square meters prior to the partition, 266.6925 square meters, by sharing of E, the defendant, and F3 persons on September 25, 200. The shares of all co-owners were transferred to E on the same day.

After that, on June 15, 2010, the Defendant completed the registration of transfer of ownership with respect to the above 101 square meters prior to the division of the instant real estate including the instant real estate.

C. On September 1, 200, the Plaintiffs jointly purchased No. 102, No. 76.7375 square meters among the above buildings from the Defendant’s husband G, and jointly leased the lease deposit amount of KRW 200,000,000, monthly rent of KRW 101 and KRW 102,000, the Plaintiff acquired the Plaintiff’s 3/4 shares, Plaintiff B’s 1/4 shares, and the Plaintiff’s 1/4 shares. At that time, the Plaintiffs jointly leased the lease deposit amount of KRW 266.6925 square meters before being divided from the Defendant.

After that, upon the completion of a lease agreement on the size of 101 square meters prior to the division on September 2006, the Plaintiffs returned only the remaining portion of the above 101 square meters, excluding the instant real estate, and operated the relevant real estate and the foregoing 102 square meters by combining the instant real estate and the said 102 square meters;

On October 2013, H was occupied and used as of the date of closing argument of the instant case by leasing the aggregate of the instant real estate and the said 102 to H.

E. Where no deposit exists, the monthly rent accrued from October 1, 2006 to June 10, 2014 regarding the instant real estate.

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