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(영문) 서울중앙지방법원 2015.06.12 2014가단163176
건물명도등
Text

1. Of the instant lawsuits, the part of the claim for appraisal costs and application costs shall be dismissed.

2. The plaintiff's remaining claims.

Reasons

1. On March 28, 1962, C and D, the Plaintiff’s external father-parent, married on the basis of the facts, and adopted E and F as a child of friendship, and on September 4, 2006, Cho Jong-man G.

On February 21, 1997, with respect to the multi-family house of the third floor above the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government H ground (hereinafter “the instant building”), the ownership transfer registration was made in the name of C, D, E, and F on February 21, 1997. On March 18, 2005, E died on September 18, 2005, the share transfer registration was made on September 22, 2006 under the name of I, who is a child of that woman, due to inheritance by agreement and division.

On July 8, 2006, the Defendant entered into a lease agreement with C, setting the deposit amount of KRW 5,000,000 and monthly rent of KRW 550,000 (hereinafter “instant lease agreement”) within the term of KRW 302 of the instant building (hereinafter “instant 302”) and had resided in the instant 302.

C died on July 13, 2012, and accordingly, as his wife D, G, F, and E, he became the husband of such female, I, as her husband, her child, and the plaintiff as co-inheritors.

On December 6, 2012, the net C-1/4 (i.e., 63/252) shares was transferred to the above co-inheritors on the ground of inheritance on December 6, 2012. Each transferred share to co-inheritors was 21/252 shares to D, G and F, 14/252 shares, 6/252 shares to J, 4/252 shares, and 4/252 shares to the Plaintiff and I respectively.

According to the above transfer registration, co-owners' shares in the building of this case were D's 84/252 (=21/252 63/252) shares, G's 14/252 shares, G's 77/252 shares, F's 77/252 shares (=14/252 63/252), I's 67/252 (=63/252%) shares, J's 6/252 shares, Plaintiff's 4/252 shares, and Plaintiff's 4/252 shares.

F, J, I, and Plaintiff (hereinafter “Plaintiff”) appointed the Plaintiff as the administrator of the instant building on January 2, 2013, and the sum of the Plaintiff’s share is 154/252 shares.

= F. F. F. F. F. 6. equity J. 67/252

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