beta
(영문) 춘천지방법원영월지원 2020.03.25 2019가단11253

손해배상 등 청구의 소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 8, 2004, C, which is the Plaintiff, concluded a contract from the Defendant to purchase 65,800,000 won for the 1/2 shares, etc. of D’s building located in Gangwon-gun (based on the former parcel number) (hereinafter “the sales contract as of October 8, 2004”), and the “the indication of real estate” column under the above sales contract is indicated as follows:

1. 59.82 square meters of the cement structure and pent roof neighborhood living facilities, which are located in Gangwon-gu, Gangwon-gun block structure;

2. A cement structure, cement pot, roof, one-story accommodation facility, 59.82 square meters;

3. A cement tank, cement tank, roof, one-story accommodation facility, 59.82 square meters;

4. A cement structure, cement structure, a roof, a single-story accommodation facility, 59.82 square meters;

5. A cement structure, cement structure, a roof, a single-story accommodation facility, 59.82 square meters;

6. A cement structure, cement structure, a roof, a single-story accommodation facility, 59.82 square meters;

7. Cement structure and reticulator roof 59.82 square meters (the entire defendant's share with not less than 1/2).

8. Lacta 4,221 square meters - Lacta-

B. C is No. d E, F, and new lot numbers in order of October 12, 2004, Gangwon-do, Gangwon-do, Gangwon-do, L E, and OF.

New lot numbers of G, H, I, J, and K are in sequence L P, Q, R, S, and T T of Gangwon-gu, Gangwon-gu, Gangwon-do.

Of the buildings, the registration of transfer was made on October 8, 2004 on the part of the defendant's 1/2 portion among the buildings.

On October 21, 2004, C filed a transfer registration on September 2004 with respect to the remainder of 1/2 shares in M's name on September 20, 2004.

Since then, C's wife N completed each registration of transfer of ownership on each of the above real estate in 2008, and the Plaintiff completed each registration of transfer of ownership in its name on the grounds of sale by voluntary auction on July 16, 2013.

C. Meanwhile, accommodation facilities (the new lot number is “LV”) of 59.82m2m2 square meters adjacent to the above real estate, DW heading 59.82m2m2 (the new lot number is “LX,” and DW heading 59.82m2m2 (the new lot number is “LX,” and hereinafter referred to as “instant dispute building”) also belongs to the instant building. < Amended by Presidential Decree No. 18690, Oct. 1, 2004>