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(영문) 서울고등법원 2012.02.09 2010나49221

채무부존재확인

Text

1. The Defendant (Counterclaim Plaintiff)’s counterclaim as stated in 2 and 3 of the Defendant’s Schedule 2 and 3 raised, expanded, or reduced in the trial.

Reasons

The main lawsuit and counterclaim are also finite.

1. Facts of recognition;

A. The Plaintiff is a person who constructs and sells A 101, A 102, 201, 202, and 203 Dong (hereinafter “instant building”). The Defendants, among the Defendants, stated the amount in the “amount cited in the appellate trial” column in the attached counter details list, are co-owners of the instant building as of November 2, 201, and the remaining Defendants are those who reside or reside in the instant building as of November 2, 201.

B. 1) The Plaintiff obtained permission to construct the instant building with business facilities (officetel, neighborhood living facilities, and sports facilities) under the Building Act, and newly constructed the instant building, which is a total of 5 units of 13 to 20 stories, and 686 households, in a quasi-industrial area under the National Land Planning and Utilization Act. 2) The instant building is surrounded by three sides. The instant building is located at a point of about 10 meters away from the instant building to the south, in the direction of about 50 meters away from the west, the west road and the west road are located at a point of about 26 meters away from the width of the road, and the east is located at a point of 8.6m away from the width of the road.

Among the instant buildings, the 102-dong, 202-dong, 203-dong, and 203-dong are adjacent to the border road. On the Highway, there are soundproof walls with the length of 316 meters installed by the Plaintiff and 13.5 meters high, and there are three-lane roads with the width of 10 meters between soundproof walls and the buildings.

3) On July 31, 1992, the current status of each road in the vicinity of the instant building is as follows. (A) Horizontal Expressway (A) (hereinafter referred to as the construction year: 13.5km in length, 8 lanes in two directions, 36.06 meters in width, and 36.06 meters in length. < Amended by Presidential Decree No. 20043, Dec. 21, 2098; Presidential Decree No. 20051, Dec. 21, 2005; Presidential Decree No. 20643, Dec. 12, 2098; Presidential Decree No. 112538, Nov. 125, 202; Presidential Decree No. 24440, Jul. 31, 1992)