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(영문) 서울고등법원 2016.02.05 2013나27635

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is a reconstruction association established around 2002 for reconstruction of “A apartment house” on the ground of the Seocho-gu Seoul Metropolitan Government and 2 lots (hereinafter “ apartment”), and the Defendant is an organization consisting of sectional owners of A commercial buildings (hereinafter “A commercial building”) located on the ground of Seocho-gu Seoul Metropolitan Government C large 2,538m2 (hereinafter “A commercial building”).

B. 1) The Plaintiff filed a lawsuit for partition of co-owned property and the conciliation thereof. The Plaintiff is a reconstruction project of apartment units with two underground floors, thirty-five floors above ground, 1,119 units in two lots outside Seocho-gu Seoul, Seocho-gu, Seoul (hereinafter “instant reconstruction project”).

In the process, the partition of co-owned property on the apartment site and the commercial site on which the sectional owners of apartment buildings had a co-ownership relation against the sectional owners of commercial buildings around 2003 (Seoul Central District Court 2003Gahap45156, hereinafter “instant lawsuit”).

) The Plaintiff filed a lawsuit (as to a certain household that has exceeded the sectional ownership of an apartment to the Plaintiff for reconstruction, the Plaintiff became the subject of the lawsuit directly.

2) On April 26, 2007, the following mediation (hereinafter “instant mediation”) was established between the sectional owners of apartment buildings and the shop owners centering around the Plaintiff during the instant lawsuit.

Conciliation Provisions

1. The Seocho-gu Seoul and the 2 lots of land (2,538.4 square meters) are divided into the joint ownership of the owners of commercial buildings and the remaining parts (49,883.6 square meters) into the Plaintiff, respectively.

2. The divided owners of commercial buildings agree to change the main-centered site owned by the Plaintiff to the housing site.

3. The plaintiff has obtained the consent of the above divided owners of commercial buildings so as not to impede the plaintiff's reconstruction project, approval, and permission. Within three months after the conclusion period of the sales contract between the plaintiff and the members, the plaintiff is entitled to the divided owners of commercial buildings.