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(영문) 서울동부지방법원 2019.04.26 2018나28787
임대차보증금반환
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Defendant, as one-half owners of 1/2 of the 1,026 square meters in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “instant land”), newly constructed buildings on the instant land, D, E, and F (hereinafter “D, etc.”) as one-half co-owners, and agreed that each floor G of the sectional ownership of the newly constructed building shall belong to the Defendant, and H shall belong to the Defendant, etc.

Accordingly, the defendant newly constructed the buildings of the third and second underground floors (hereinafter "existing buildings") on the land of this case, and completed the registration of preservation of ownership on April 26, 199 with respect to the sectional ownership falling under subparagraph G of each floor.

On April 14, 2000, the Defendant held a title trust with respect to each real estate owned by the Defendant in the existing building to three persons such as I, J, K, etc. (hereinafter referred to as “I, etc.”), and completed the registration of transfer of ownership by one-third shares to I, etc.

B. The defendant applied for a building permit to the Gwangjin-gu Office in the name of I et al. and six persons, including D, to implement the extension work as attached to the existing building and received the building permit from the Gwangjin-gu Office on August 16, 200.

On October 5, 200, the Defendant concluded a construction contract with L Co., Ltd. (hereinafter referred to as “L”) to extend the existing building to the 4th underground floor and the 9th floor building (hereinafter referred to as “instant building”) on the ground (hereinafter referred to as “instant construction”). Following the foregoing extension, following the extension, the first floor on the ground of the existing building has been changed to the 1st floor above the ground, and the last part extended due to the change to the 2nd floor above the ground level has come to fall under the 9th floor above the ground level from the 2nd floor above the ground level), and entered into a construction contract with L Co., Ltd. (hereinafter referred to as “L”) to receive KRW 2.653,200,000 as the construction cost, and concluded a construction contract with the right to enter into a lease contract on behalf of the Defendant under an agreement with L to pay part of the building in lieu of payment method.

L is the construction of this case to M Co., Ltd.

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