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(영문) 서울고등법원 2014.12.04 2013나64054
정산금 등
Text

1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the Plaintiff (Counterclaim Defendant) who falls under the following order to pay.

Reasons

1. Basic facts

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

B. On Aug. 8, 2007, the Defendant purchased the 650,000,000,000 won for D Special Metropolitan City D, 240.3 square meters (hereinafter “D”) and its ground buildings, and completed the registration of ownership transfer on Oct. 9, 2007. The Plaintiff purchased the E-gi 201.7 square meters connected to D land on March 26, 2008 and connected to the road (hereinafter “E land”), and completed the registration of ownership transfer on July 22, 2008.

Construction works shall be jointly contracted and implemented, and related expenses, such as construction cost, design and supervision cost, shall be borne by each 50%.

The profit from sale after completion shall be distributed at the ratio of 50% by the plaintiff and the defendant respectively.

Other taxes and public charges shall be borne by 50% per each person.

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

(hereinafter “instant agreement”). D.

On November 23, 2009, F Co., Ltd. (hereinafter “F”) contracted with the Plaintiff and the Defendant for the construction of the said multi-household house, and completed the construction of the G Building A Dong (hereinafter “A Dong”) and B Dong (hereinafter “B Dong”) on June 28, 2010, respectively.

A Dong composed of six generations (Nos. 201, 202, 301, 302, 401, and 501) is constructed on land E and D land, and a total of eight households (Nos. 201, 202, 301, 302, 401, 402, 501, 502) is constructed on land D.

E. As to the entire portion of each of the instant buildings, joint owners were either the Plaintiff (201.7/442 shares) and the Defendant (240.3/442 shares) and each registration of ownership was completed on July 8, 2010 by the Seoul Central District Court No. 23728, respectively.

F. A, July 8, 2010, No. 201, 301, 501.

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