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(영문) 서울중앙지방법원 2020.10.30 2018가단5192986
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

Basic Facts

A. L and M completed the registration of transfer of ownership in their name with respect to each of 1/2 shares of K 540 square meters (hereinafter “instant land before the instant subdivision”) from among the land of 540 square meters (hereinafter “instant land before the instant subdivision”).

B. M died on May 15, 1993, and the Plaintiffs, their children, inherited 1/2 shares of the land before the instant partition, respectively, 1/9.

L on November 24, 2011, sold 1/2 of the land before the partition to the defendant and completed the registration of transfer of ownership based on the sale on the same day.

C. The Defendant filed a lawsuit against the Plaintiffs regarding partition of co-owned property as to the partition of co-owned property, claiming the division of the instant land under Suwon District Court Branch Decision 2016Ga28269. On November 30, 2017, with respect to the instant case, the Defendant divided the aforementioned parties into a judicial compromise (hereinafter “instant protocol”) with each of the items indicated in attached Table 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 14, 270 square meters connected in sequence of the land before the instant partition, and the same appraisal was owned by the Defendant (J) and the same appraisal was also indicated as 1,2,3,4,5,14, 15, 16, 17, 18, and 11.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1-5, Eul evidence Nos. 1-5 (including provisional number), the purport of the whole pleadings

2. Assertion and determination

A. The grounds for the plaintiffs' assertion are stated in the annexed sheet of claim.

B. Since Article 211 of the Civil Act provides that "the owner shall have the right to use, profit from, and dispose of the property owned by him/her within the scope of the law," it is the principle of legal principle that the owner does not have the exclusive right to use and benefit from the property belonging to the core functions of the ownership in addition to the waiver of the right to use and profit from the property or setting the limitation on the exercise of the right to benefit from the property to the other party.

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