손해배상
1. The appeal by the plaintiff (appointed party) and the extension and additional claims by the trial court are dismissed, respectively.
2. Costs of appeal.
1. Basic facts
A. The plaintiff is the owner of six rooms among the 15 units of K, composed of 114 households, Namyang-si, Jin-si, the 17 units of K (B), 114 units of K (hereinafter "the building in this case"), excluding 201 and 202 units of the 17 units of the building in this case (hereinafter "201 units, etc.") and the 13 units of the above 15 units of the remaining 15 units of the 15 units of the building in this case (the 1, 2, 102, 301 units of the 1, 2, 301 units of the 2, 301 unit of the 201 unit, 102 units of the 302 unit, 101 units of the 102 unit, 201, 202, 302 units of the building in this case, and 302 units of the above 13 units of the building in this case).
B. On February 5, 2010, the Defendant filed a lawsuit against the Plaintiff, etc. seeking the registration of ownership transfer as to 201 and seeking the payment of construction cost, along with Seolim Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”). On February 5, 2010, the court of first instance (Seoul District Court Decision 2009Da3415) declared that all of the Defendant’s claims against the Plaintiff were dismissed, and the Defendant appealed against this.
1. In relation to the new construction of the “Ilution of multi-family housing” on D, G, E, and F ground (tentatively named B, this case’s building), the Plaintiff shall perform the registration procedure for ownership transfer of the Defendant as payment in kind due to the payment in subrogation of the Defendant with respect to the above “Ilution of construction cost” that the Plaintiff bears against the Defendant (12,495,00 won =12,125,000 won (=125,000 won x 897 square meters) + the installation cost of 80,750,000 won (=95,000 won x 850 square meters) + the additional construction cost of 19,620,000 won (=1,090,000 won x 1,090,000 won x 18 households) of the second floor and 202 of the second floor as a result of the registration of ownership transfer on October 24, 2011.
2. After the Defendant received the registration of ownership transfer from the Plaintiff under paragraph (1) of the aforesaid reconciliation clause, it shall immediately waive or cancel any of the lien on the "I" of the Namyang-si, Namyang-si, the Plaintiff owned by the Plaintiff, and deliver the said I-do apartment units under detention to A.
(c) thereafter;