(영문) 서울중앙지방법원 2014.11.14 2013가단86579

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(영문) 서울중앙지방법원 2014.11.14 2013가단86579

약정금

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1. The defendant shall be the plaintiff.

(a) KRW 13,462,428 as well as 5% per annum from January 25, 2014 to November 14, 2014; and

Reasons

1. Facts of recognition;

A. As to the Seocho-gu Seoul Metropolitan Government D land size of 436.3 square meters (hereinafter “Before subdivision”), the Plaintiff and E were the following lawsuits (hereinafter “related lawsuits”).

- Case number and case name: (a) Seoul Central District Court 96Gao268435 - The plaintiff: (b) the cause of the claim; (c) the defendant: the co-ownership share of the land before subdivision (E: 9.17/436.3; 337.13/46.3); (d) the co-ownership under the co-ownership share of the land before subdivision (E: 9.17/436.17; A: 337.13/13); (e) the referral of conciliation to the same court during the proceeding of the above conciliation to the conciliation procedure under 9.172; (e) the compulsory conciliation decision with the following contents becomes final and conclusive; (e) the portion of the land before subdivision is 9.2m2m2m2 in the line connected each of the points of E; and (e) the indication of drawings 1,2,66,5,5, and (e) the portion of Section 337.1m2m2 in the ship.

As a result of the division of the above land, even if the part of the building part owned by A is damaged by the part of the building part owned by A, E does not claim user fees for that part.

B. After that, according to the above compulsory adjustment decision, the land prior to subdivision was divided into D 337.1 square meters and F 9.2 square meters owned by the Plaintiff, and thereafter, the said D land was divided into C land owned by the Plaintiff on November 15, 2007, and the said F land was respectively combined with E-owned G land on July 19, 2001.

C. At present, the Plaintiff is the owner of Seocho-gu Seoul Metropolitan Government C Dae-gu 416.5 square meters, and the owner of G Dae-gu 569.7 square meters is the Defendant.

On the other hand, one aggregate building (hereinafter “instant building”) has existed in the two lands of the above C and G land before the relevant lawsuit. Of the instant building, the Plaintiff and Defendant acquired the ownership of the said G land and the sectional ownership ownership of the instant building due to the public sale on October 2, 2002, and completed the registration of ownership transfer on the 31st of the same month. The total area owned by the Plaintiff, each of whom is divided, is 80.

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