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(영문) 서울중앙지방법원 2018.10.26 2017가합578363
대지지분확인
Text

1. All of the plaintiffs' lawsuits of this case are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiff A is the husband of H, and the defendant is the father of H.

B. On August 8, 2007, Plaintiff A purchased 650,000,000,000 won for I’s I’s 240.3 square meters (hereinafter “I’s land”) and its ground buildings in Gwanak-gu in Seoul Special Metropolitan City, and completed the registration of ownership transfer on October 9, 2007. The Defendant completed the registration of ownership transfer on March 22, 2008 by purchasing the J-201.7 square meters adjacent to I’s land and connected to the road (hereinafter “J-based land”). The Defendant purchased each of the above land in common, and completed the registration of ownership transfer on July 22, 2008.

C. On October 2009, Plaintiff A and the Defendant agreed to remove all existing buildings on each of the instant lands and newly construct and sell multi-household houses on the same place.

(hereinafter referred to as “instant arrangement”). Article 2: Construction works shall be jointly contracted and executed, and related expenses, such as construction cost, design and supervision cost, shall be borne by 50% per annum.

Article 3: The proceeds from sale after completion shall be distributed to Gap (Defendant of this case) and Eul (Plaintiff A of this case) at the rate of 50%.

Article 4: In principle, 50% of other taxes and public charges shall be borne by each person.

On November 23, 2009, the Vietnames Integrated Construction Co., Ltd. (hereinafter “VS Integrated Construction”) contracted the construction of the said multi-household house with the Plaintiff and the Defendant, and completed the construction of the said multi-household house on June 28, 2010, the construction of the said multi-household building was completed on the part of the Plaintiff and the Defendant, including the relocation to the K Building (hereinafter “on-site”) and the non-Dong (hereinafter “non-Dong”) (hereinafter “each of the instant buildings”).

A total of six households (No. 201, 202, 301, 302, 401, and 501) have been constructed on the land and part of J and I land, and a total of eight households (No. 201, 202, 301, 302, 401, 402, 501, 502) have been constructed on the land of I.

E. On July 8, 2010, co-owners of each of the instant buildings (sectioned buildings) are the Plaintiff.

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