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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff is the owner of Seocho-gu Seoul Metropolitan Government Seocho-gu and D Ground E (hereinafter “instant apartment”), and the Defendant is the owner of the instant apartment.
F, G, H, I, J, K, L, M, and N were the owners of the First Land and the Second Land adjacent to the First Land. P was the owners of the Second Land adjacent to the First Land.
F, G, and H were killed on December 10, 201, and their heir had Q, children, R, S, and T, the wife of which:
I, J, K, L, M, and N were dead on October 29, 2014, and there are the wife's children of U, M, X, network Y (Death on May 19, 201), AA, a child of Y, who is the wife.
P 10 persons (including 10 persons, 10 persons, and their inheritors) decided to reconstruct the apartment of nine-story above the land of this case on May 2000.
10 building owners organized a reconstruction association. On December 2, 2002, the building owner concluded a construction contract for reconstruction of the apartment of this case with the non-party company of this case of the first and second floors underground, the nine floors above ground, the total floor area of 3,037.95 square meters, and the total area of 19 households.
At the time, the non-party company entered into the said construction contract under the name of the General Construction Company (hereinafter “General Construction Company”) without a comprehensive construction license.
The 10 owner on the same day provided the non-party company and the 10 owner of the building in order to construct the apartment of this case with the contribution of a certain amount of the land of this case and the remaining construction expenses shall be borne by the non-party company. <2> The 10 units of the 201, 202, 203, 301, 302, 303, 401, 402, 402, 403, 405, and 405 are allotted to 10 units of the 205, 305, 501, 502, 601, 602, 701, 702, 702, 702, 801, and 9 units of the non-party company, among the completion of the apartment of this case.
(hereinafter referred to as “the First Claim Payment Agreement”). Nonparty Company terminated the Agreement on the Comprehensive Construction of New Stocks and Comprehensive Construction License Lending around January 10, 2003, and around April 7, 2003.