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(영문) 서울중앙지방법원 2019.02.19 2017나91655
토지인도 등
Text

1. Of the judgment of the court of first instance, the part against Defendant J, K, L, M, N, andO shall be revoked and corresponding to the revoked part.

Reasons

1. Basic facts

A. The building of this case is a main complex building with 3 underground floors and 19 floors above ground. The building of this case is composed of 474 rooms. The building of this case is used as sales facilities, sales facilities and neighborhood living facilities (general bath), and business facilities (officetel) for 3 to 19 floors above ground. 2) On November 28, 1998, P was constructed and used for inspection of use around November 28, 1998, and P was sold in lots, and P owned the remaining 28 houses including 1 floors below ground and managed the building of this case separately.

3) However, on November 30, 2008, P died, and jointly succeeded to the property by Q, Q, children, R, T, U, and Plaintiff H. In the case of division of inherited property between the above co-inheritors, Seoul High Court Decision 2013B64 and 65, the above court held that the management body of this case held on August 9, 2014 that "the co-inheritors held 11/13 shares among the co-inheritors' co-ownership of 288 units, the deceased's inherited property among the co-inheritors's sectional ownership of 143 units, and Q, Q, S, and T owned 11/13 shares among the sectional ownership rights of 145 units, and the remaining 2/13 shares among the sectional ownership rights of the above 28 units were divided into U.S. units, which became final and conclusive at that time the management body of this case was organized on August 4, 2014.

B. Of the instant building, Plaintiff A and Defendants owned shares of the 9th floor X, Plaintiff C’s 15th floor X, Plaintiff D’s 7th floor Y, Plaintiff E’s 15th floor Zho, Plaintiff G’s 11th floor AB, and Plaintiff H’s 11/13th of the 9th floor AC. 2) Meanwhile, Plaintiff B were co-owners of the 12th floor Y of the instant building.

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