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(영문) 서울중앙지방법원 2015.11.10 2014나43952

소유권이전등기절차이행 등

Text

1. On the ancillary claim of the Plaintiff as added at the trial,

A. The comprehensive construction of Defendant Man-man Co., Ltd. is (1) No. 1.

Reasons

1. The Defendants and the designated parties did not appeal against the part cited in the first instance trial among the claims stated in the scope of the trial of this Court.

Therefore, the object of this court's adjudication is limited to the claim stated in the purport of appeal.

2. Facts of recognition;

A. (1) Defendant B, C and S, Selected E, F, G, H, M and N owned, each of the “RR-building” on the instant land and P land, including the re-building resolution and the selection of construction works.

The Selected owned the land No. 2 adjacent to the land No. 1 of this case (hereinafter referred to as the “instant land”).

Defendant B, C, and S, Selection E, F, G, H, M, N, andO 10 (hereinafter collectively referred to as “ten owners”) decided to reconstruct the apartment of the nine-story above the instant land, etc. on May 2000.

On the other hand, S died on December 10, 201 and his heir was the wife I, the Appointor J, K, and L.

N on October 29, 2014, the heir died and died on October 29, 2014, there are designated parties AE, who are children of the wife, AA, AB, AC, and net AF (Death on May 19, 201).

(2) On December 2, 2002, the 10 project owner constituted a reconstruction association, and entered into a construction contract for reconstruction of the instant land with the Defendant Company (hereinafter “Defendant Company”) on December 2, 2002, where the 10th underground floor, the 9th ground floor, the total floor area of 3,037.95 square meters, and the 19 household unit size of the instant apartment (hereinafter “instant apartment”).

The Defendant Company concluded the said construction contract under the name of the General Construction Company (hereinafter “General Construction Company”) without a comprehensive construction license at the time of the issuance of new shares.

Ten owners on the same day provide the defendant company, and ① ten owners of the building in order to construct the apartment of this case shall contribute to the land of this case and certain amount of the apartment of this case.