logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2016.10.20 2015가합1301
지료
Text

1. The defendant shall be the plaintiff's successor to the lawsuit.

(a)payment of KRW 238,616,280;

B. From September 12, 2016, Seoul Gangnam-gu D.

Reasons

1. Facts of recognition;

A. The non-party company, a building site, owned a lot of 153 square meters and a lot of 533 square meters (hereinafter “instant land”), and the non-party F owned a lot of 109 square meters adjacent to the instant land (hereinafter “Adjoining land”).

At the same time, they constructed the three-story building, such as attached Table 1, on the ground of the above land (hereinafter “instant building”). On May 17, 1983, each co-ownership share was completed F 213.68/1090, and registration of ownership preservation by 867.32/10 of the Company Added on the Site, Co., Ltd.

B. On April 23, 2001, the deceased A (hereinafter “the deceased”) was awarded a successful bid on the instant land and co-ownership shares of the instant building and the instant building owned by the deceased Co., Ltd., and completed each registration of ownership transfer on May 7, 2001, thereby sharing the instant building A and F.

C. Since then, the deceased brought an action against F to seek the partition of the instant building, and the judgment was rendered to the effect that the instant building would be sold by auction and the price would be divided, which became final and conclusive as it is.

(Seoul Northern District Court 2012Na6491, Supreme Court 2013Da69545). The defendant is awarded the building of this case at the formal auction procedure for partition of co-owned property (Seoul Northern District Court H) on March 12, 2015, and completed the registration of ownership transfer on the same day.

On the other hand, the deceased died on March 30, 2016, while the lawsuit of this case was pending, the heir agreed to inherit the deceased A independently, and the plaintiff litigant A succeeded to the deceased litigant A.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 3 (if there are provisional numbers, including each number; hereinafter the same shall apply), Eul evidence No. 15, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the defendant's acquisition of legal superficies under the customary law and the above recognition 1, the land of this case and adjacent land and the buildings of this case on its ground shall be both network A and F.

arrow