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1. The Defendant (Counterclaim Defendant, Counterclaim Defendant, and the appointed party) shared with the Plaintiff (Counterclaim Defendant, the appointed party), KRW 12,30,000, and KRW 12.2.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On March 28, 2003, H Co., Ltd. (hereinafter “H”) newly constructed five-story apartment units on the said land (hereinafter “the instant building”) between the Plaintiff, Appointer E, F, and Nonparty K, and L (hereinafter collectively “land owners”) holding five parcels of land outside Jongno-gu Seoul Jongno-guJ on March 28, 200, and between the Plaintiff, Appointer E, F, and Nonparty K, and L (hereinafter “the instant land owners”). The land owners agreed to pay 13 households, excluding seven households designated by the land owners, in lieu of the construction cost.
B. On November 2003, when the non-party company completed almost the building of this case but the non-party company was not completed, M, a creditor of the building of this case, provisionally seized E shares among each of the individual households of the building of this case, and the registration of preservation of ownership was completed on November 16, 2006 by the court's commission for the individual households of the building of this case as one fifth of each landowner's ownership.
C. Around 2007, the instant building occupied the buyer of the building purchased from the non-party company or the claimant for the unpaid construction cost, and the landowner filed a lawsuit against the possessor as Seoul Central District Court 2007Gahap8361 (hereinafter “the first extradition lawsuit”).
In the relevant case, on February 18, 2009, the court rendered a judgment dismissing the claim against Defendant B on the grounds that the Defendant B had a legitimate title to possess the instant real estate purchased through a sales contract concluded on November 12, 2004 (hereinafter “instant sales contract”) between the non-party company with the authority to dispose of the real estate stated in the attached list (hereinafter “instant real estate”) and the non-party company with the authority to dispose of the real estate in question. The said judgment was final and conclusive as it is by withdrawal of appeal.
Nonparty Company.