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(영문) 서울서부지방법원 2015. 11. 19. 선고 2015나2496(본소), 2015나2502(반소) 판결
[공유물분할·지분소유권이전등기말소][미간행]
Plaintiff (Counterclaim Defendant) and appellant

Plaintiff

Defendant (Counterclaim Plaintiff), Appellant, etc.

Defendant (Counterclaim Plaintiff) and seven others (Law Firm Han, Attorneys Choi Woo-young, Counsel for the defendant-Counterclaim plaintiff-appellant)

Conclusion of Pleadings

October 29, 2015

The first instance judgment

Seoul Western District Court Decision 2014Gadan8861 (main office), 2014Gadan45297 (Counterclaim) Decided May 7, 2015

Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be borne by the plaintiff (Counterclaim defendant) in total, in the principal lawsuit and counterclaim.

Purport of claim and appeal

1. Main elements;

The part on the principal lawsuit in the judgment of the first instance is revoked. The amount calculated by deducting the auction expenses from the proceeds therefrom by selling it to an auction of Seodaemun-gu Seoul ( Address omitted), 249.4m2 (hereinafter “instant real estate”) shall be distributed in proportion to the shares of the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”), the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) and the Defendants. The Defendants jointly and severally pay to the Plaintiff the amount of KRW 3,557,284 per annum from June 3, 2012 to April 2, 2015, and the amount calculated by 20% per annum from the following day to the date of full payment.

2. Counterclaim;

A. Claim: The Plaintiff shall implement the procedure for registration of cancellation of ownership transfer registration, which was completed under No. 49352 on November 7, 2006, with respect to the shares of 36.16/748.2 of the instant real estate, to the Defendants.

B. Purport of appeal: Revocation of the counterclaim of the judgment of the court of first instance. All of the defendants' counterclaims are dismissed.

Reasons

The court's explanation on this case is the same as the part of the reasoning of the judgment of the court of first instance, and thus cite it as it is in accordance with the main text of Article 420 of the

Therefore, the judgment of the court of first instance is just, and all appeals against the plaintiff's main lawsuit and counterclaim are dismissed as it is without merit. It is so decided as per Disposition.

Judges Ansan-ho (Presiding Judge)

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