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(영문) 서울고등법원 2020.10.14 2020나2013814
임대료 청구의 소
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

Basic Facts

The status D and E of the parties are married couple, and they were children F (mam), C (mam), Defendant (mam), G (mam), H (mam), and I (mam). The plaintiff is the spouse of G.

E died on July 1, 2015, and D on June 10, 2017, respectively.

The ownership of the instant land and the instant building was owned by Geumcheon-gu Seoul Metropolitan Government J 658.1 square meter (hereinafter “instant land”). On May 30, 2007, the Defendant received each share of 25/100, C, H, and I received each share of 15/100, and completed each share transfer registration on the same day.

The ground buildings of this case (hereinafter “the building of this case”) owned 1/2 shares, respectively, by D and F. On May 30, 2007, the Defendant received 50/700 shares, C, H, and I received 30/70 shares, and the Defendant purchased 125/70 shares, C, H, and I purchased 75/70 shares, and completed each of them on the same day.

E, on February 11, 2014, donated 15/100 of D’s share 30/100 of the instant land and buildings, and completed the transfer registration on February 12, 2014, and the Plaintiff, on February 16, 2015, donated 15/100 of D’s share 15/100 of the instant land and buildings, and completed the transfer registration on February 17, 2015 of E’s share 15/100 of the equity on February 17, 2015, respectively.

As a result, the Plaintiff shared 30/100 shares in the instant land and buildings, and the Defendant shared 25/10 shares, C, H, and I shared 15/100 shares, respectively.

F) Around October 2015, the Plaintiff asserted that 15/100 of the shares donated from E was donated by the Plaintiff, and the Plaintiff was awarded a favorable judgment by filing a lawsuit against the Plaintiff to implement the registration procedure for transfer of the said shares. Accordingly, on October 10, 2017, the Plaintiff completed the registration of transfer based on a gift made from June 19, 2015.

As a result, the Plaintiff acquired 15/100 shares in the instant land and building.

In addition, on January 16, 2020, F was awarded a successful bid of 15/100 of the Plaintiff’s share in the voluntary auction procedure for the instant land and building.

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