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(영문) 서울중앙지방법원 2018.10.17 2017가합557632

건물등철거

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is the owner of the building with a large scale of 433 square meters (hereinafter “Plaintiff’s land”) in Yongsan-gu Seoul Metropolitan Government (hereinafter “Cdong”) and the second floor above that ground, and the Defendant is a sectional owner of Gaggra with a large of 122 square meters and a F large of 469 square meters on land.

B. The Defendant and the sectional owners of GGD (hereinafter “instant building owners”) determined to implement the instant construction project by removing GGD and newly constructing H’s lending of the first floor and the eighth floor above ground (hereinafter “H”) on the instant site (hereinafter “instant reconstruction loan”) and by selling it in units, and obtained a construction permit from the head of Yongsan-gu Seoul Metropolitan Government on September 7, 2012 from the head of Yongsan-gu Seoul Metropolitan Government.

The instant building owner entered into a fixed-type partnership agreement on the instant reconstruction project on February 27, 2013, and the name of the association was “I Committee” (hereinafter “instant association”), and the representative was respectively the Defendant.

C. On December 29, 2014, E large 122 square meters (hereinafter “E before division”) was divided into the E large 88 square meters and J large 34 square meters, and the K large 337 square meters (hereinafter “K before division”) into the K large 303 square meters and L large 34 square meters, respectively. On January 30, 2015, J large 34 square meters were combined into the K large 303 square meters and the L large 34 square meters into the E large 337 square meters, and the L large 34 square meters were combined into the E large 88 square meters, and thus, the exchange of 34 square meters among E and the land was made.

On March 4, 2015, E, large 122 square meters and F large 469 square meters (hereinafter “former F land”) were merged with F large 591 square meters (hereinafter “F land after annexation”). D.

On July 2, 2013, the Plaintiff and the Defendant prepared a written confirmation (No. 6, hereinafter “instant confirmation”) as follows, and then a notary public was notarized by Law Firm M, etc. No. 517 on July 2, 2013.

2 Purpose

1. Part of the land of Yongsan-gu, E, and K and part of the land of Yongsan-gu, E and K shall be registered with the land of the plaintiff immediately after the partition is registered;

(In the absence of any legal defect) . 2. wall.