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(영문) 서울중앙지방법원 2017.04.12 2015가단31016
건물명도
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The current status of the underground room of the instant building 1) Seoul Jung-gu C Ground Building (hereinafter referred to as the “instant building”)

) The office, store, and housing consisting of eight floors above the ground of steel reinforced concrete slive roof and the office, store, and underground room are 115.77mm2, and the underground room area is 594m2,61m2, and D Co., Ltd. (hereinafter “non-party company”) on May 31, 1971.

(2) As of the date of registration of ownership transfer, registration of ownership transfer was completed in the name of 594.61 square meters in the underground room of the instant building is organized into three independent real estate registers, including 368.5 square meters in an underground floor (in the underground room, 210.5 square meters in an underground room and 158 square meters in an underground floor) and 102 square meters in an underground floor store No. 102, 49.25 square meters in an underground floor (in the register, 149 square meters in an underground floor) and 176.86 square meters in an underground floor (in the register, 53 square meters in an underground floor),

3) On September 19, 1985, the title section of the registry of underground floors was indicated as “158 square meters in an underground floor and 115.77 square meters in an underground room,” and on October 17, 2013, the part of “115.7 square meters in an underground room” was deleted. On May 16, 2014, the said part was added to “210.5 square meters in an underground room, 210.5 square meters in an underground room, 368.5 square meters in an underground room, and 158 square meters in an underground floor, and the said part was revised to “3.75 square meters in an underground room,” and the ownership transfer registration was completed on October 26, 200; on May 16, 2014, the said part was completed on July 7, 207, 207; on May 15, 2078, 2018.

On the other hand, H and I made a promise to sell and purchase the non-party company on December 5, 2001, respectively, 1/2 = 1/7/547 of shares equivalent to the rooftop area among internal floors on January 31, 202

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