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(영문) 서울고등법원 2016.10.19 2014나29478
구상금
Text

1. The plaintiff's appeal and the main claim added to the trial are dismissed, respectively.

2.(a)

Preliminary. added at the trial.

Reasons

1. Facts of recognition;

A. On December 29, 1989, with respect to the acquisition of the instant land and the construction of the instant building (i.e., Seongbuk-gu Seoul Metropolitan Government 1,173.9 square meters, one-fourth share transfer registration was completed in the name of the defendant and D (the plaintiff and the defendant's mother's mother children), E (the plaintiff's wife and the defendant's mother children), and F (the plaintiff's outside third villages) on August 31, 1990 with respect to F's share, and on December 31, 1990 with respect to E's share, the ownership transfer registration was completed in the name of the plaintiff.

In addition, on December 27, 1990, the transfer registration of ownership of 1/2 shares was completed in the name of the defendant and D on December 27, 1990 with respect to G 195 square meters.7 square meters.

(2) Around May 17, 1996, the Plaintiff entered into a contract for construction works with Sungdo Development Co., Ltd. (hereinafter “Ssung Development”) in order to construct a building on the ground of the instant land, and the Plaintiff entered into a contract for construction works of KRW 4,290,00,000 of the contract amount with Sungdo Development Co., Ltd. (hereinafter “Seoan General Construction”) on February 1995, which terminated the contract due to the default of Sungdo Development, and entered into a contract for construction works of KRW 4,00,000 of the contract amount with the Manan General Construction Co., Ltd. (hereinafter “Maan General Construction”), and thereafter, the registration of ownership was completed in the name of the Plaintiff, the Defendant, and D on May 17, 1996.

(5) On July 22, 197, the registration of initial ownership was completed at 1/3 of the shares of the Plaintiff, the Defendant, and D, respectively. The shares of the Plaintiff 586.95/1369.6 shares, shares of the Defendant 391.325/1369.6 shares, and shares of D391.325/1369.6 shares, on the ground of the error in filing an application on July 22, 1997. The following shares were transferred to the Plaintiff on January 9, 2006. The shares of D in the name of the instant land and building were transferred to the Plaintiff on January 9, 2006. The Plaintiff and the Defendant were co-owners at the ratio of 3/4 shares and 1/4 shares in the said land, based on each of the shares of 1/2 shares in the said G, based on each of the shares of 1/2 shares in the said land, and at the ratio of shares in the said building.

In the case of the land in this case, if the ratio of shares is converted according to the area.

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