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(영문) 서울고등법원 2021.01.13 2018나2007687

건물철거 및 토지인도청구의 소

Text

The judgment of the first instance court is modified as follows.

A. The Defendants are 1) 62,254,586,436 Won from F Co., Ltd.

Reasons

1. The reasoning for this part of the underlying facts is as stated in Paragraph 1 of the reasoning of the judgment of the first instance except for the dismissal or addition as follows. Thus, this part of the underlying facts is identical to the reasoning of the judgment of the first instance (from No. 4 of the judgment of the first instance to No. 8 to No. 14, 18 of the judgment). Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Part 5 of the judgment of the court of first instance is "the possession" in Part 6 of the judgment of the court of first instance as "the possession".

Part 5 of the judgment of the court of first instance, "the project agreement of this case" in Part 9 of the judgment of the court of first instance is advanced as "the agreement of this case".

No. 11 of the judgment of the first instance court, 10 of the 11th judgment, is as follows.

3) Of the general terms and conditions of the instant construction contract and the special terms and conditions of the contract (hereinafter “general terms and conditions of the contract”) that form part of the instant construction contract (hereinafter “the special terms and conditions of the contract”), the parts related to the instant case are as shown in attached Form 5.

" August 30, 2012" of the first instance judgment No. 11 of the 17th e.g., "No. 30, 2012" was followed as " August 31, 2012."

On September 21, 2018, the first instance court held that “The instant land is occupied by not later than the closing date of pleadings in the instant case” under the provisional execution of the first instance judgment on September 21, 2018, until the transfer of the instant land belonging to the instant land to the Plaintiff, according to the provisional execution of the first instance judgment.

“Aro-friendly”.

To the 13th judgment of the court of first instance, the 5th to the 14th eth eth 15th eth eth eth.

[j] As of the closing date of pleadings, land Nos. 1 through 47 listed in the table Nos. 1 to 47 on the ownership on the register of the land of this case shall be owned by the plaintiff, and the land No. 48 shall be owned by the plaintiff, and the plaintiff shall own 39.3/42 shares (the remaining shares shall be owned by an individual unrelated to this case), and the reasons therefor shall be as follows.

① From K around 2013 around 2013, with respect to the land Nos. 1 through 18 listed in the attached Table 1 attached hereto, ownership due to the ownership of trust property in the future of the Plaintiff became extinct.

② As to the land Nos. 19 listed in the annexed Table 1, the Plaintiff is a co-owner with approximately 11,494.8/97,406.2 shares ( approximately 12%) and F.