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(영문) 서울고등법원 2018.12.07 2017나2033832
건물인도 및 손해배상(기)등 청구
Text

1. Of the part on the principal lawsuit in the judgment of the court of first instance, the part on the Defendant-Counterclaim Plaintiff I against the Plaintiff (Counterclaim Defendant).

Reasons

The principal lawsuit and counterclaim shall be judged together.

Basic Facts

1. Attached 1 by the Plaintiffs: AE building AF Dong located in Dongdaemun-gu Seoul Metropolitan Government AD (hereinafter “instant building”) to acquire ownership of each shop listed in the real estate list is a main complex building with the 7th underground and 11th ground level.

On December 26, 1997, the 1st underground floor of the instant building was registered with several stores, including each store listed in the real estate list (hereinafter collectively referred to as the “instant dispute store”).

Plaintiff

The rest of the plaintiffs except T, completed the registration of ownership transfer in their names with respect to each plaintiff's stores listed in the real estate list No. 1 of 1998 (However, with respect to Plaintiff F, I, and J's shares 1/2) around 199.

Plaintiff

T has completed the registration of ownership transfer on January 19, 198 with respect to 3.80 square meters (hereinafter “instant AG store”) with respect to the 1st basement floor AGho steel steel framed, the instant building was sold to AH on February 25, 2016, and the registration of ownership transfer was completed on March 4, 2016.

On the other hand, during the course of the party trial, Plaintiff R sold to each BL a store listed in [Attachment 18] No. 18 on December 22, 2017, while Plaintiff U sold to each BL a store listed in [Attachment 20] No. 20 on December 28, 2018, and completed the registration of ownership transfer on January 15, 2018.

From October 20, 2012, Defendant AB, and AC began to possess all the 1st underground floor of the instant building including the instant dispute stores.

Defendant AA (hereinafter “Defendant AA”) was established on October 14, 2013 for the purpose of building management and operation, etc., and Defendant AB and AC have been appointed as joint representative director of Defendant AA and are in service until now.

The Defendants currently operate a mutually named restaurant, “AK,” by installing various facilities on the first floor of the instant building, including the instant dispute stores.

Defendant AB and AC are the representative of Defendant AA.

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