logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.06.09 2015가단5313218
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. Defendant A owned each share of 6,431.04/9,461.3 shares in the part of the instant sectional ownership, and Defendant B owned each share of 2,756/461.3 shares in the part of the instant sectional ownership, among 6,431.04/9,461.3 shares in the part of the instant sectional ownership, 2,756/169,461.3 shares in the building of reinforced concrete building 10 stories above 813.95 square meters (a sales facility, 781.44 square meters, an electricity machinery room, 32.51 square meters) and the part of 132.18 square meters below the underground floor (a parking lot) constructed on both the land of Yongsan-gu Seoul Metropolitan Government C, Yongsan-gu and D 789.4 square meters (hereinafter “instant Section 2”).

B. In addition, Defendant A owned 1036.91/9,180 of the land of this case, and Defendant B owned 44.39/9,180 of the same land.

C. On November 5, 2010, the Defendants completed the registration of ownership transfer for each of the instant sectional ownership portion and the Defendants’ respective shares in the instant land among the land No. 1, 2010, on October 4, 2010.

(A) Evidence A No. 2, No. 88, No. 3, and No. 321, respectively). 【Reasons for Recognition】 Each entry of Evidence Nos. 2, 3, and 5, and the purport of the whole pleadings

2. The assertion and judgment

A. (1) The Plaintiff’s assertion (1) concluded a sales contract with the Defendant on October 4, 2010 to purchase all of the sectional ownership part of this case and the land share for the right to use site of this case. The Plaintiff’s assertion as to the entire land share for the right to use site of this case purchased from the Defendant, among the land No. 1 of this case, has the respective shares owned by the Defendants among the land No. 1 of this case, and 2.31/918 shares owned by E among the land No. 1 of this case (hereinafter “E-owned land shares”), and some shares owned by F in the land No. 2 of this case (hereinafter “F-owned land shares”).

However, the Defendants are limited to each share owned by the Defendants among the entire land shares in the Plaintiff for the right to use the said site.

arrow