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(영문) 서울고등법원 2020.09.09 2019나2040865
정산금
Text

1. The judgment of the first instance, including a claim that has been changed in exchange at the trial, shall be modified as follows:

The plaintiff.

Reasons

1. The reasoning for this part of the judgment of the court is as stated in Paragraph 1 of the reasoning of the judgment of the court of first instance (including attached Forms 1 and 2 of the judgment of the court of first instance). Thus, this part is cited by the main sentence of Article 420 of the

2. The parties' assertion

A. According to the instant settlement agreement, the Plaintiff’s claim cause 1) transfer of the registration of each real estate listed in the separate sheet 3 and settlement of the difference related to real estate (A), among the 23 remaining commercial buildings except the part for the part for the term sale among the instant buildings at the time of the instant settlement agreement, the Plaintiff allocated Y, Zhoho, ABho, ABho, ACho, AE, AE, AFho, and the Defendant B the remaining 12 commercial buildings among the neighborhood living facilities described in the purport of the claim (hereinafter “instant commercial buildings”) listed in the separate sheet 1, 2, and 3 of the separate sheet 3 (hereinafter “instant shopping buildings”), among the neighborhood living facilities described in the list 1, 2, and 3 of the instant building.

As to the N,O, and P of this case allocated to the Plaintiff, the Defendant Company held 70/100 shares, and 15/100 shares, the Defendant Company held 70/100 shares of the N,O, and P, the Defendant Company must implement the registration procedure for transfer of ownership based on each of the above N,O, and P with respect to shares of 70/10 shares of the N, P, and the Defendant Company B, C, and C, with respect to each of the above N,O, and P. 15/100 shares.

On the other hand, since the site of this case's N,O, and P shares are co-owned by Defendant B and C, Defendant B, and C, as the site site for sectional ownership of this case's N,O, and P, based on the settlement agreement of this case, should implement the procedure for the registration of share ownership transfer regarding the real estate stated in attached Table 3 paragraph 4, which is the share of site ownership calculated by multiplying the ratio of the total area of the building of this case to the total area of the building of this case among the land of this case to the Plaintiff as the site for sectional ownership of this case's N,O, and P.

B. The Plaintiff, Defendant B, and C filed a claim for the payment of the settlement of real estate related to Defendant C.

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