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(영문) 서울중앙지방법원 2013.11.20 2011가합137081

판결금

Text

1. The portion of the Plaintiff’s counterclaim’s claim amounting to KRW 175,00,000 among the principal lawsuit shall be dismissed.

2. The Defendant (Counterclaim Plaintiff) is the Plaintiff.

Reasons

1. Basic facts

A. 1) Plaintiff, D, E, F, and G are sectional owners of the Gu Borrowing (six generations) located in Gangnam-gu Seoul Metropolitan Government H [F (101), G (102), E (101 on the ground floor), Plaintiff (102 on the ground), D (201 on the ground), and D (201)], Gangnam-gu Seoul Metropolitan Government H-239.9 square meters (hereinafter “instant site”).

Of the Plaintiff, the Plaintiff owned 40.78/239/9 shares, D 40.78/239/7 shares, E 163.7/7 shares, F 15.95 shares, G 163.12/7 shares, and G 163.12 shares, respectively. On November 1, 2003, the Plaintiff agreed to reconstruct the above Cra to a multi-household house with 5th 8 generation on the ground, and during that process, the Plaintiff, D, E, F, and G were to purchase shares of 1,239.78 square meters, and the Plaintiff and multi-household house with 200/5 of the construction contract (hereinafter referred to as “multi-household house”) were to be reconstructed on the 15th 5th story and 200/5 of the construction contract, and the Plaintiff and multi-household house with 20/50 of the construction contract (hereinafter referred to as “multi-household house”) were to be reconstructed on the 20th 5th story and 5th 5th story.

3) Since re-building, owners, including the Plaintiff, agreed to own 201 multi-household housing units F, 202 G, 301 E, 302, 302 Plaintiff and 401, and paid 142,70,000 won to the Defendant. 4) The F paid 40,000 won to the Defendant on August 2, 2004, the Plaintiff, D, E, and G, instead of paying 400,00,000 won out of the contract price of the instant case, the five-story households and less of the instant multi-household housing units among the instant multi-household housing units are 501 and 501 of the instant case.