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(영문) 서울중앙지방법원 2016.10.12 2015가단5371221
소유권확인 및 이전등기 청구의 소
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s share of 7/20 shares, Plaintiff B’s share of 5/20 shares, Plaintiff C, and D, respectively, share of 4/20 shares, and there are five-story buildings (J building and September 8, 1960 on the date of approval for use) in Jung-gu Seoul, Jung-gu, Seoul, and one 7.3 square meters (hereinafter “Plaintiff’s land”). The above buildings share the same share of the Plaintiffs.

B. On December 3, 1973, the Plaintiff’s mother of the Plaintiff A purchased the Plaintiff’s land jointly on December 3, 1973, and the Plaintiff purchased the entire shares from L on December 10, 1977, and the Plaintiff and the Plaintiff B received 1/2 of the entire shares of K on October 29, 2002. The Plaintiff donated part of the shares to the Plaintiff C and D on December 28, 2005, thereby the Plaintiffs’ shares became final and conclusive.

C. The Defendant Company E (hereinafter “Defendant Company”) owns the shares of 6645/9800 (acquisition of ownership on March 10, 2012), Defendant F’s shares of 2539/980 (acquisition of ownership on March 5, 1986), Defendant G’s shares of 607/680 (acquisition of ownership on June 27, 1997), and Defendant G own shares of 607/680 (acquisition of ownership on June 27, 1997). The Defendant Company owns the 6-story neighborhood neighborhood neighborhood neighborhood living facilities and offices (approval date of use on December 13, 196) on the ground of the Defendant Company.

The shares in the land and the ownership of the building owned by the Defendant Company are owned by the Southern Industry Co., Ltd. on April 30, 2012, and the registration of ownership transfer has been completed for the trust on April 30, 2012.

E. The land in the dispute of this case belongs to the defendant's site, and the plaintiffs are paid rent from August 2003 to the other party after leasing the land in the dispute of this case.

[Ground of recognition] Facts without dispute, Gap evidence 1 through Gap evidence 7 (including provisional number), Eul evidence 1, and Eul evidence 2.

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