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(영문) 서울남부지방법원 2018.01.10 2016가단249544
토지인도
Text

1. The Defendants are attached to each of the Plaintiffs with KRW 1,047,758, respectively, and from December 2, 2017, the Yeongdeungpo-gu Seoul Metropolitan Government HW large 825 square meters.

Reasons

1. Basic facts

A. The Plaintiffs are owners of HJ large 825 square meters in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant land”), and the Defendants, I, and J (hereinafter “Defendants, etc.”) are co-owners of the aggregate buildings constructed on the K ground adjacent to the instant land (the underground first floor, the second floor size, the total number of six households, and the building in this case).

Newly Inserted by Presidential Decree No. 1041, Jun. 1, 2012; Presidential Decree No. 23.79/145) of the first floor (I, I, acquired on Nov. 19, 2009; Presidential Decree No. 24.5/145) of the second floor P (C, acquisition on May 7, 2002; Presidential Decree No. 23.79/145) of the second floor (D, acquisition on June 1, 2012; Presidential Decree No. 24.54/145) of the second floor (F, F, acquisition on Jun. 1, 2009; Presidential Decree No. 23.79/145) of the second floor S (J, acquisition on Sep. 16, 2003; Presidential Decree No. 245/145) of the second floor (Ga, acquired shares on June 14, 2016; Presidential Decree No. 19532, Jul. 14, 14) of the second

The instant land was originally divided into H large 660 square meters and L large 165 square meters into two lots, namely, Yeongdeungpo-gu Seoul. However, after the instant lawsuit was filed, the instant land was merged into the instant land on November 29, 2016.

C. At the time of the instant lawsuit, the Plaintiffs owned 3/10 shares of each of the instant land, and M and N owned 2/10 shares, respectively. However, on March 27, 2017, M and N transferred 1/10 of their respective shares to the Plaintiffs, respectively, and on August 29, 2017, withdrawn from the instant lawsuit by submitting the written withdrawal of the lawsuit to the instant court on the same day after transferring the claim for return of unjust enrichment against the Defendants, etc. to the Plaintiffs.

On the other hand, among the instant land, the portion belonging to L prior to the merger of 24 square meters in the part (B) which connects each point of the attached drawing Nos. 1, 2, 8, 7, and 1 in sequence among the instant land.

Under the ground, septic tanks and ancillary facilities owned by the Defendants, etc. are installed, and on the ground, the lids of the Manle lids owned by the Defendants, etc. are installed, and the above land is used as access roads to the building of this case.

E. Since the date the Plaintiffs acquired ownership with respect to the portion of 24 square meters out of the instant land possessed by the Defendants, etc., the amount equivalent to the rent from December 2, 2016 to December 1, 2017, for which the Plaintiffs seek, is the sum of KRW 6,286,550.

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