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(영문) 부산지방법원 2016.01.13 2014가단225959
사용료
Text

1. The plaintiff's primary claim and the conjunctive claim against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On February 1995, the sectional owners of the instant land and the instant ground Nbuilding, including M, constituted the Nbuilding Reconstruction Association (hereinafter “NBuilding Association”) to remove the old building of the existing Nbuilding and build a pleasant modern shopping facility.

B.1) On July 7, 1995, NO buildings adjacent to NO buildings and their sites (including 101/8 of the land in this case).

2) Defendant 1 purchased Scenchlod Co., Ltd. (the trade name before the change: the business entity, the business entity, and the business entity (hereinafter “Scenlodid”).

B) As regards the foregoing two buildings, the rebuilding agreement provides that, in order to remove the above two buildings and reconstruct the “P”, which is an underground 7th floor, 20th floor, commercial building and office building of the 20th floor above the ground, a store equivalent to the co-ownership share in accordance with the site and the area of each building (65% of the sexual window flod share, and 35% of the NOE’s share in the NOE) (hereinafter “instant rebuilding agreement”).

2) The rebuilding agreement of this case contains the following: (a) the rebuilding agreement of this case includes ① the registration of subdivision in proportion to the total floor area after reconstruction in proportion to the ownership share of the present land and building; (b) the Sung Chang Fendi shall complete the registration of sectional ownership on the part of the building; (c) the registration of sectional ownership on the right to use the site for 50 years; and (d) the sale in lots on the store corresponding to the N reconstruction Association’s share; (e) the sale in lots shall be made; and (e) the sale in lots shall be held responsible for the sale in lots; and (e) the sale in lots shall be appropriated for the construction cost borne by N Reconstruction

C. 1 Pursuant to the instant rebuilding agreement, a store equivalent to the shares of Sung Chang Fend, through a sales agency from June 1995, for a store corresponding to the shares of Sung Chang Fend, the registration of sale in lots, and a store corresponding to the shares of the members of the N reconstruction Association pursuant to the said rebuilding agreement.

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