Plaintiff (Appointed Party)

Defendant 1 and eight others (Law Firm Song Hun, Attorney Choi Jong-chul, Counsel for the defendant-appellant)

December 9, 2010

Seoul Western District Court Decision 2008Gadan107828 Decided June 29, 2010

1. The plaintiff (appointed party)'s appeal and the plaintiff's claim expanded from the trial court are all dismissed.

2. The costs of lawsuit after filing an appeal shall be borne by the Plaintiff (Appointed Party).

[Claim]

1. As to the Plaintiff (Appointed Party),

A. Defendant 1 shall pay the amount of KRW 192,50, KRW 214,50 to Defendant 2; KRW 183,700 to Defendant 3; KRW 183,70 to Defendant 4; KRW 200,200 to Defendant 5; KRW 202,200 to Defendant 6; KRW 203,50 to Defendant 7; KRW 203,50 to Defendant 8; KRW 203,50 to Defendant 9 to Defendant 56,60 to each of them; and KRW 20% per annum from the day following the delivery of the complaint of this case to the day of full payment;

B. Defendant 1: (a) pays KRW 17,500 to Defendant 2; KRW 16,700 to Defendant 3; KRW 16,700 to Defendant 4; KRW 18,200 to Defendant 5; KRW 18,200 to Defendant 6; KRW 18,500 to Defendant 7; KRW 18,500 to Defendant 8; and Defendant 9 pays KRW 50,60 to November 24, 2010 to Defendant 24, respectively.

2. The Plaintiff 2 and 3 respectively:

A. Defendant 1 shall pay 1,509,200 won; Defendant 2 shall be 1,676,400 won; Defendant 3 shall be 1,442,100 won; Defendant 4 shall be 1,576,300 won; Defendant 5 shall be 1,576,300 won; Defendant 6 shall be 1,592,800 won; Defendant 8 shall be 1,592,800 won; Defendant 9 shall be 4,359,300 won; and 20% per annum from the day following the delivery of the complaint to the day of full payment; and

B. Defendant 1 shall pay KRW 137,200 to Defendant 2, KRW 152,40 to Defendant 3, KRW 131,100 to Defendant 4, KRW 131,100 to Defendant 5, KRW 143,300 to Defendant 6, KRW 143,300 to Defendant 7, KRW 144,80 to Defendant 7, KRW 144,800 to Defendant 8, and KRW 396,30 to November 24, 2010 to Defendant 24.

【Purpose of Appeal】

The judgment of the first instance shall be revoked.

1. As to the Plaintiff (Appointed Party),

A. The Defendants’ “total sum of the rent from November 25, 2008 to 24 days immediately before the delivery of a complaint” in attached Table 1 shall pay the amount for each of the pertinent Defendant and the interest thereon at the rate of 20% per annum from the day after the delivery of the complaint of this case to the day of full payment.

B. Defendant 1 was from December 25, 2008; from February 25, 2009; from April 25, 2009; from April 25, 2009; from December 25, 2008; from Defendant 5, from February 25, 2008; from Defendant 6, from February 25, 2009; from Defendant 7, from April 25, 2009; from Defendant 8, from Defendant 9, from December 25, 2008 to November 24, 200; from April 25, 2009 to May 3, 2010; and from Defendant 3, from April 25, 2009 to May 3, 2010;

The "amount of monthly rent for each defendant" in attached Table 1 of the month shall be paid at the rate of 20% per annum from the 25th of the following month to the date of full payment with respect to the amount of monthly rent for each relevant defendant and the amount of monthly rent for each defendant.

2. On Plaintiff 2 and 3:

A. The Defendants’ “total sum of the rent from November 25, 2008 to 24 days immediately before the delivery of a complaint” in attached Table 2 shall pay the amount for each of the pertinent Defendant and the interest thereon at the rate of 20% per annum from the day after the delivery of the complaint of this case to the day of full payment.

B. Defendant 1 was from December 25, 2008; from February 25, 2009; from April 25, 2009; from April 25, 2009; from December 25, 2008; from Defendant 5, from February 25, 2008; from Defendant 6, from February 25, 2009; from Defendant 7, from April 25, 2009; from Defendant 8, from Defendant 9, from December 25, 2008 to November 24, 200; from April 25, 2009 to May 3, 2010; and from Defendant 3, from April 25, 2009 to May 3, 2010;

The phrase "amount of monthly rent claim by the defendant" in attached Table 2 of each month means the amount of claim by each of the relevant defendant and each of the monthly rent claim by 20% per annum from the 25th day of the following month to the day of full payment (only it seems that the plaintiff (the appointed party, hereinafter referred to as the "Plaintiff") extended the claim amount by the monthly rent amount as stated in the purport of appeal).

1. Quotation of judgment of the first instance;

The reasoning for this Court’s explanation is as follows, given that the reasoning for this case is the same as that for the judgment of the first instance court, except for the addition of the judgment of the Plaintiff’s assertion as follows, it refers to the reasoning for this case.

【Additional Determination Matters】

If the Plaintiff allows a sectional owner of the instant building to use the instant share free of charge, it would ultimately violate the Constitution by seriously infringing the Plaintiff’s ownership. However, the Plaintiff’s assertion is without merit, as long as the Plaintiff sufficiently knew or could have known the existence of an aggregate building on the instant site through the public notice of sale and a certified copy of the register at the time of purchase through the public sale of real estate.

2. Conclusion

Therefore, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just, and all of the plaintiff's claims extended in the plaintiff's appeal and trial court are dismissed as it is without merit. It is so decided as per Disposition.

[List of Appointed, Attached Tables 1 and 2]

Judges Kim Jong-ju (Presiding Judge)