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(영문) 서울동부지방법원 2013.08.14 2012나9319
토지사용료
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff (appointed party) and the appointed party with respect to the above revoked part.

Reasons

1. Basic facts

A. A. New construction of a building and establishment of a sectionally owned co-ownership relationship (1) is the ownership of the original network J (4/8 shares), K (2/8 shares), L (1/8 shares), M (1/8 shares) and M (1/8 shares). On that ground, a building for multi-household household housing (8 shares) with 3 floors of steel-based container cream, slope, and Pyeongtaek Slive Shelf (hereinafter “instant building”) was newly constructed on March 22, 1994, K, L, M (7/28 shares each above), N (3/28 shares each above), N (28/28 shares), the heir of the deceasedJ, were registered as 3/28 shares, and R/28 shares were jointly owned (28/28 shares).

(2) The above registrants specifically occupied, used, and profit-making each of the instant buildings, L 2(201, 202), K 3(301, 302), M 1st floor (101, 102), N,O, P, the heir of the network J, N, P, the heir of the network J (B01, 202).

B. (1) Around January 24, 1994, which was registered as multi-household houses (8 households) and multi-household houses (8 households) around January 9, 200, at the time of the initial registration on the building ledger concerning the instant building, but was converted into multi-household houses which are multi-unit buildings on October 9, 200.

(2) Although the instant building was registered as a multi-household detached house at the time of its initial preservation registration, it was classified into nine units, including Non-01, Non-02, Non-01, 102, 102, 201, 202, 202, 301, 302, 302, 401, and 401.

C. (1) The relation of changes in co-ownership of the instant building and the relation of possession (1) the relation of co-ownership and the relation of possession (3.4/28 of the 7/28 shares in M ownership falling under 101 and 102 shall have completed the registration of transfer on March 28, 1996 by Q Q as to the 3.4 shares in the 7/10 shares in the instant aggregate building and completed the registration of transfer on June 4, 2007 by inheritance by agreement and division.

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