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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. The facts under the recognition of facts do not conflict between the parties, or may be recognized by comprehensively taking into account the respective descriptions of Gap evidence Nos. 1-8, Eul evidence Nos. 2, 3, 60, and 63 (including the number, if any, if any; hereinafter the same shall apply) and the overall purport of the pleadings.
J Apartment Construction Process 1) Defendant B, K, L, M, N, P, Q, R, S, T, and U were the sectional owners of “W Building” constructed in the size of 660 square meters in Seongdong-gu Seoul Metropolitan Government, and in the size of 58 square meters in V. 199. Around October 199, they agreed to remove “W Building” and implement a reconstruction project that newly constructs one apartment unit and one commercial building unit on the site and 110 square meters in Seongdong-gu Seoul Metropolitan City X-110 square meters (hereinafter “instant association”).
(2) On May 10, 2001, Defendant C transferred shares in the “W Building site,” etc. on the ground of inheritance due to consultation or division on May 10, 2001, when one of the co-ownership owners of the above Ydong land dies on May 10, 2001.
AA was awarded the same share as T on June 24, 2002 and sold it to AB on August 20, 2002. On July 4, 2002, AC received the same share as her husband, and C acquired the status of the owner of the above apartment, etc., respectively.
3) Meanwhile, Defendant B, with the consent of other building owners, obtained on May 25, 2001, with respect to AD Co., Ltd. (hereinafter “AD”).
(4) AD concluded a construction contract on November 4, 2004 where the ownership of the above commercial building and the above site and the above site were attributed to AD in lieu of the payment of the construction cost.) AD discontinued new construction work after A, and Defendant B, K, M, N, Q, P, P, L, Z, L, Z, AB, and AC entered into a new construction contract with AE on November 4, 2004 in lieu of the payment of the construction cost.
5) The above apartment building is newly constructed in 2005 (hereinafter referred to as the “new apartment”).