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(영문) 서울고등법원 2018.10.26 2018나2027209
손해배상청구금 중 일부금
Text

1. The part against the defendant in the judgment of the first instance is revoked.

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

3...

Reasons

1. Basic facts

A. A. Around 191, 191, the Co., Ltd. (hereinafter “Nonindicted Company”) commenced a building of five stories above the third five stories above the ground level (hereinafter “instant real estate”) above the third five stories above the ground level on the ground of Jung-gu Seoul Central District, Jung-gu, Seoul, 3974m2, and suspended the said construction on October 9, 191 while selling it.

B. On May 23, 191, the Plaintiff entered into an exchange contract between the non-party company and the non-party company to exchange the land B and the second-story public bath of the real estate underground floor of this case (hereinafter “instant commercial building”) with the land owned by the Plaintiff, and purchased the instant commercial building. On July 30, 1991, the Plaintiff additionally sold the four-story office (50 square meters in lots) of the instant real estate from the non-party company.

C. On October 9, 191, the Plaintiff and 56 buyers who purchased a commercial building from the non-party company (hereinafter “Plaintiff, etc.”) succeeded to all rights and obligations of the non-party company by organizing the Non-party company's Countermeasures Committee for the Prevention of Default, but the Plaintiff, etc. took over the non-party company E (hereinafter “E”), and thereafter, the Plaintiff, etc. completed the registration of ownership transfer as to the size of the non-party company 3974 square meters in Seoul Jung-gu, Seoul. After completing the change of the owner’s name on the instant real estate, E succeeded to the rights and obligations of the non-party company and conducted the remaining construction, but if the change of the owner’s name is changed, the registration of ownership is required

Afterwards, the Plaintiff et al. filed a lawsuit against E seeking the cancellation of registration of ownership transfer with respect to 3974m2 in Jung-gu Seoul Metropolitan Government. On May 19, 1993, a compromise was concluded that the Plaintiff et al. completed registration of ownership preservation in the name of the building owner following the completion inspection on the completion of the instant real estate in the name of the building owner following the procedure for change of the name

E. Meanwhile, the plaintiff was appointed as the representative, but was dismissed from the representative on February 26, 1994, and the defendant was appointed as the co-representative.

F. E shall be August 29, 1994.

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