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(영문) 서울중앙지방법원 2020.06.23 2019가단5156277
공유물분할
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 F’s ownership-related C, D, E (the foregoing three persons are the Defendants C, G, H, I, J, K, L, etc. (hereinafter “M-dong owner”), and seven owners, including N,O, P, Q, R, S, T, etc. (hereinafter “U-dong owner”), and M-dong owners and U-dong owners are the co-owners of the Seoul Dongjak-gu Seoul Metropolitan Government Vdong (hereinafter “Vdong”) with the size of 1,084m2 and the “F” (2 Dong and 16 households) constructed on the ground.

B. On June 30, 200, the owner of the instant building, who promoted the reconstruction of F, divided W large scale 1,084 square meters (hereinafter “instant land”) into W large scale 510 square meters (hereinafter “W land”) and X large scale 574 square meters (hereinafter “X land”). The owner of the instant building, who is the owner of WW apartment housing, was the owner of the instant building, to construct one apartment unit (hereinafter “M Dong”), with a total of 16 households with the 16th floor above W land, and Udong, the owner of the instant building, who is the owner of X-based apartment housing, decided to construct one apartment unit (hereinafter “U Dong”) with a total of 18 households with the 18th floor above W land and the 9th floor above the ground.

C. (1) On October 17, 200, the owner of Mdong and U-dong building obtained a new construction permit from the head of Dongjak-gu, the owner of M-dong building constructed each apartment building, and on May 13, 2002, the owner of U-dong building entered into a construction contract with each Z Co., Ltd. (hereinafter “Z”) on May 12, 2002 (hereinafter “the first construction contract”). The owner of the instant building agreed to cover the building cost with the share of the owner who purchased the building in excess of the standard unit area (34 square meters in the case of a household that is sold by M-dong owners) out of 16 households and the share of the apartment unit price of the remaining 18 households. The main contents are as follows.

Article 4 (Methods of Implementing Projects) (1) The instant building owners.

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