(영문) 서울고등법원 2017.10.20 2017나454 | 리걸엔진

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(영문) 서울고등법원 2017.10.20 2017나454

임대차보증금

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1. The judgment of the court of first instance is modified as follows.

The Defendants jointly share the Plaintiff with KRW 142,625,00, and KRW 2.0.

Reasons

1. Basic facts

A. The Plaintiff acquired the Plaintiff’s ownership of shares in the instant site from Dong Cream Co., Ltd. on May 16, 1997 and purchased 548.09/2,638 shares in the instant site from Dong forest Cream Co., Ltd. on May 16, 199

7. 16. After completing the registration of transfer in the name of the plaintiff, it is owned until now.

B. The Defendants acquiring the ownership of part of the aggregate building on the instant land by the Defendants acquired and owned some sections of exclusive ownership among the aggregate buildings indicated in the “Indication of the instant building” as constructed on the instant land (hereinafter “instant aggregate buildings”).

The date of acquisition (date of registration) and the ratio of shares of the Defendants shall be as specified in the following table:

On December 21, 1987, the share ratio of Defendant A2/3 (acquisition on November 13, 1991) of the instant aggregate building on the date of acquisition of the indication of the section for exclusive use (registration date) is the share ratio of the portion for exclusive use (registration date). Defendant A2/3 of the instant aggregate building on May 16, 206, Nos. 2, 4, 5, 15, 18, 22, 24, 23, and 24 of the third floor of the instant aggregate building on June 16, 2006, as indicated in the attached Table No. 2, No. 31/3 of the instant aggregate building on May 16, 2006, Defendant A2/3 of the instant aggregate building on May 3, 2006, No. 2033, Jun. 23, 2008.

C. The relationship between the rights of the instant aggregate building and the exclusive ownership of the instant aggregate building is established for several persons, but the instant site is registered for shares to several persons in the form of co-ownership without registering the right to the site. The relevant right to the instant aggregate building is in the state of ① where the right to the co-ownership of the building and the sectional ownership of the building are all owned. However, even in this case, the share to be registered as the right to the site in proportion to the area of the exclusive ownership and the share of the land actually owned are inconsistent with the corresponding part.

② A share registration is made with respect to a site as the Defendants.

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