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(영문) 서울동부지방법원 2019.11.26 2016가단148372

손해배상(기)

Text

The plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Facts of recognition;

A. On November 8, 2013, the Plaintiffs and the Defendant concluded a sales contract with respect to D Apartment E (hereinafter “instant apartment”) with the purchase price of KRW 1,185,00,000 (hereinafter “instant sales contract”), and the Plaintiffs completed the registration of ownership transfer with respect to one half of the instant apartment units on November 29, 2013.

B. The Korea National Housing Corporation completed the swimming pool and the facilities of the refining place (the swimming pool, the first-aid room, the shower room, and the above site and buildings; hereinafter “instant swimming pool and the refining place”) on the ground of 2,355.7 square meters in Songpa-gu Seoul Metropolitan Government and 3,929.4 square meters in Songpa-gu G, Songpa-gu, Seoul, and completed the preservation of ownership on May 15, 1980.

C. On May 1, 2002, 615 owners of D apartment houses filed a lawsuit against the Korea National Housing Corporation for the registration of ownership transfer against their respective shares in the instant swimming pool and refining site. On November 19, 2003, the decision of compulsory adjustment between 58 apartment owners and the Korea National Housing Corporation became final and conclusive on November 19, 2003, and the registration of co-ownership transfer was completed for each share in the instant swimming pool and refining site as of December 1, 2003 to May 2004.

H, the first owner of the instant apartment, owned 68.833/30,484 (F land), 303,484/30, and 80.98/30 (F land N, G land and ground buildings) of the instant swimming pool and refinery site. On December 6, 2004, H completed the share transfer registration for the reason of gift to I on June 5, 2015. On June 23, 2015, K completed the share transfer registration for the reason of sale to K and L on June 23, 2015, and L completed the share transfer registration for the reason of sale to M on July 21, 2015. < Amended by Presidential Decree No. 26357, Jul. 21, 2015>

(A) At the time of the instant sales contract, registration has been made in the name of I). 【The grounds for recognition】 Each description of evidence Nos. 1 through 3, and 7, and the purport of the entire pleadings.

2. The assertion and judgment

A. The plaintiffs' assertion of this case is the warrant of this case.