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(영문) 서울중앙지방법원 2017.09.15 2015가합555861
매매대금반환
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) the amount of KRW 171,479,656 and the amount of KRW 171,479,656 from March 22, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On January 15, 2004, the Defendant newly constructed a building with the size of the 1st underground and 8th ground floor (hereinafter “instant building”) and registered in the aggregate building ledger on the same day after obtaining approval for use on the same day.

The building of this case had, from the time of approval for use, access roads (hallways) leading to the inside of the front door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door (hereinafter collectively referred to as "each of the above stores," and the above access roads were sold or leased as to the part of the building of this case under the premise of the present status and structure, and the existing access roads of this case were indicated as part of the part of the exclusive ownership of each of the stores of this case.

Since then, around 2011, the Defendant integrated each of the instant stores, including the instant existing access road, into one space in order to directly operate the coffee store at each of the instant stores. The existing access road of this case was replaced by 41.92 square meters in part (a) inside the ship connecting each of the matters in subparagraph 1, (2), (3), (4), and (1). Each of the sectional owners (Lessee) and store users of the instant building used the instant dispute portion instead of the existing access road of this case, but the instant dispute portion also indicated as part of the exclusive ownership in the aggregate building register and the matters to be registered.

On the other hand, in order to move to the rest of the stores located on the 2-8th floor of the building without using the existing access road or dispute part of the building of this case located on the west of the building of this case, the part indicated as the "vehicle access road" among the drawings attached to the outer passage of about 4 meters in length, and about 20 meters in length, in order to move to the other stores located on the 2-class and the 8th floor of the building of this case.

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