logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.02.13 2017가합555100
공유물분할
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Ownership of the instant real estate 1) Net A (hereinafter “the deceased”).

(A) On April 4, 2013, each of the real estates listed in the separate sheet (hereinafter “instant real estate”) shall be deemed as “instant real estate”).

(2) On April 4, 2013, G acquired 2/30 shares of the instant real estate, and H acquired 6/30 shares of the instant real estate on April 10, 2013, respectively. (2) The Deceased died on March 24, 2018 while the instant lawsuit is pending, and the Plaintiffs took over the instant lawsuit procedure as the heir of the Deceased.

Plaintiff

C, Plaintiff D, and Plaintiff E acquired 2/90 shares (total 2/30 shares) of the instant real estate from G on July 16, 2018.

After that, the Plaintiffs acquired 7/90 shares of Plaintiffs C, D, and E, respectively, and 9/90 shares of Plaintiffs B, respectively, due to inheritance due to a division of consultation held on September 13, 2018.

Accordingly, the plaintiffs owned 1/10 shares (total 4/10 shares) among the real estate in this case, including the part inherited from the deceased.

3) On May 26, 2010, the Defendant acquired 1/3 shares among the instant real estate, and thereafter on February 22, 2019, owned 6/10 shares among the instant real estate. On April 18, 2019, the Defendant acquired 1/10 shares among the instant real estate (total 4/10 shares) from the Plaintiffs. Accordingly, the Defendant owned the entire instant real estate from that time up to that time. (b) The Defendant’s restaurant business was registered as the name “I” from September 14, 2012, and operated the restaurant in the instant real estate.

From June 4, 2013, the defendant, the deceased, and H became joint business operators of I.

2) On November 17, 2015, the Defendant, the Deceased, H, and G entered into a contract for the change of business/shares with the content that “on April 10, 2013, in the course of operating in I’s partnership, the expenses and income accrued from the contract date shall be distributed at each ratio of 3.3% of the Deceased, Defendant 40%, H 20%, and G 6.7%,” and thereafter November 25, 2015, G entered into an agreement for the change of business/shares.

arrow