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(영문) 서울고등법원 2016.08.19 2014나12647

판결금

Text

1. The plaintiff's appeal concerning the main claim in the judgment of the court of first instance is dismissed;

2.In the trial, the trial shall be held.

Reasons

1. The following facts, the summary of the case, are not disputed between the parties, or are acknowledged by comprehensively considering the overall purport of the pleadings in each entry in Gap evidence Nos. 1, 3, 7 through 10, 17, 23, 29, 31, Eul evidence Nos. 1 through 3, 5 through 12, and 15 (including the case of serial numbers; hereinafter the same shall apply):

A. 1) The Plaintiff, D, E, F, and G are sectional owners of the Gu Cown (6 households) located in Gangnam-gu Seoul Metropolitan Government H, Gangnam-gu H-gu Seoul Metropolitan Government H-239.9 square meters (hereinafter “instant site”).

Of these, the Plaintiff owned 40.78/239/9 shares, D 40.78/239/7 shares, E 163.12 shares, F 15.95/7 shares, G 163.12 shares, and G 163.12 shares, respectively. On November 1, 2003, the above owners agreed to reconstruct CF as a multi-household house with the 5th 8 generation above ground, and during that process, CF 202 owners were opposed to reconstruction, and the owners, including the Plaintiff, D, E, F, and G, purchased shares of 1,239.7, 163.12 shares, 7, 200, 205, 205, 205, 205, 205, 205, 200, 205, 300, 200, 205, 207, 305, 2007, 200.

3 Since re-building, sectional owners, including the Plaintiff, agreed that 201 of the instant multi-household housing, F, 202, G, 301, E, 302, and 401 were owned respectively, and that 142,70,000 won were paid to the Defendant.