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(영문) 서울중앙지방법원 2015.06.12 2014가단186384
건물명도등
Text

1. Of the instant lawsuits, the part of the claim for appraisal costs and application costs shall be dismissed.

2. The plaintiff's remaining claims.

Reasons

1. On March 28, 1962, D and E, the Plaintiff’s external father-parent, married on the basis of the facts, and adopted F and G as one-child, and on September 4, 2006, Cho Jong-man adopted H as one-child.

On February 21, 1997, with respect to the multi-family house with the third floor above the Seocho-gu Seoul Seocho-gu I ground (hereinafter “instant building”), the transfer registration for ownership was made in the name of D, E, F, and G on February 21, 1997, and the F died on March 18, 2005. As to the first/4 portion of the instant building, on September 22, 2006, the transfer registration for ownership was made in the name of J, a child of that woman, due to inheritance by agreement division.

As of November 17, 2010, Defendant B entered into a lease agreement with D on KRW 5,00,000, monthly rent of KRW 550,000, and period of KRW 550,000 (hereinafter “instant lease agreement”) among the instant building (hereinafter “instant No. 203”), and entered into a lease agreement with Defendant C, who is his mother, for a period of one year from December 9, 2010.

D The deceased on July 13, 2012. Accordingly, the deceased on July 13, 2012, and accordingly, the deceased on his wife, H, G and F, who were the husband of the female, K, his children, and the plaintiff became co-inheritors.

On December 6, 2012, all shares of the network D-1/4 (=63/252) were transferred to the above co-inheritors by inheritance on December 6, 2012. Each transferred shares to the co-inheritors were 21/252 shares to E, 14/252 shares to H and G, 6/252 shares to K, 6/252 shares, and 4/252 shares to the Plaintiff and J.

According to the above transfer registration, co-owners’ shares in the building of this case (i.e., 21/252/63/252/252) shares, H’s 14/252 shares, H’s 14/252 shares, G’s 77/252 shares (i.e., 14/252/63/252), J’s 67/252 shares (i.e. 63/252/63/252/252), K’s 6/252 shares, and Plaintiff’s 4/252 shares.

G, K, J, and Plaintiff (hereinafter “Plaintiff”) appointed the Plaintiff as the administrator of the instant building on January 2, 2013, and the aggregate of the Plaintiff’s share is 154/252 shares.

= G.

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