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(영문) 광주지방법원목포지원 2014.12.30 2013가단51306
건물명도 등
Text

1. For the plaintiffs:

A. DefendantO received KRW 10,000,000 from Plaintiff E as well as attached Table 1.

Reasons

1. Determination as to a claim for the surrender of a building

A. As of the date of the closing of argument in this case, the plaintiffs 14 are equity right holders of the building indicated in the separate sheet No. 1 (52/100) as of the date of the closing of argument in this case, their respective co-ownership shares are as shown in the separate sheet No. 3. The defendants can be acknowledged by adding to the whole purport of the entire pleadings (including the fact that there is no dispute) the fact that they possess each corresponding part of the separate sheet No. 2 among the buildings as shown in the separate sheet No. 1, 2 and 6 (including the partial number of evidence No. 1, 6/100, Defendant P, and Defendant Q: 4/100).

According to the above facts, the plaintiffs can independently determine the method of management of the jointly owned property as a majority equity right holder (main sentence of Article 265 of the Civil Act), and the facts that the prohibition of disposal has already been executed on shares acquired E, B, and H (total: 3/100), among the plaintiffs, are not automatically denied the status as a real right holder or the exercise of a real right right claim is not restricted (the act of an obligor conducted after a misunderstanding provisional disposition is entirely effective between the parties, but its effect is relatively denied in relation to the participants in the execution procedure based on such provisional disposition). Meanwhile, even if the defendants are the same equity right holder, barring special circumstances, the specific parts of the jointly owned property cannot be exclusively used for profit-making without consultation with other co-owners (see, e.g., Supreme Court Order 92Ma290, Jun. 13, 1992). Barring special circumstances, the defendants must transfer to each of the plaintiffs in response to the exercise of the right to manage the jointly owned property.

R market 201 No. 201 shall be leased to the household stores (S) currently in operation from July 1, 201 to the household stores (S); (1) deposit: 100 shares integration; (2) 200,000 won per share; (3) lease period: July 1, 201 to June 30, 2014 (three years) lease.

B. As to this, the Defendants are as follows:

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