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(영문) 서울고등법원 2016.06.09 2015나25619
건축주명의변경절차이행
Text

1. All appeals by the Defendants are dismissed.

2. The Defendants shall bear the total costs of the lawsuit after filing the appeal.

Reasons

1. Basic facts

A. 1) The Defendants and E are the 1st underground floor and the 6th floor above the ground (total area of the building 2,092.81m2; hereinafter “the existing building of this case”) on the land outside Seongbuk-gu Seoul, Seongbuk-gu and one parcel.

(1) On November 11, 1993, the defendants' share in the extended property of this case is "share in the extended property of this case" to the head of Seongbuk-gu office on the adjoining land of ten parcels, including the site for the above building. The total area of the extended area extending over the second and the sixth stories above the ground (hereinafter "the extended property of this case"). The defendants' share in the extended property of this case is "share in the extended property of this case"

(B) After completion of the extension report (G), the construction of the extension of the instant building was completed on April 1994, and on March 11, 1998 thereafter, the report and the report completion certificate was issued by submitting the “report on extension, etc.” (hereinafter the above extension report and the report completion certificate are referred to as the “report on extension, etc. of this case”).

2) At present, the instant extension is in a state of not having been registered on the ground of a violation of the Building Act, such as construction line intrusion, sunshine infringement, etc. in the process of extension construction.

B. On February 20, 2009, the Defendants concluded a contract with the Plaintiff on February 20, 2009 as the title “a sales contract for an extension of unregistered real property,” and the Defendants entered into a contract with the Plaintiff on February 20, 200 to sell to the Plaintiff KRW 100,000,000, 5 and 6 stories out of the shares of the instant extension (425 square meters) (hereinafter “instant sales contract”).

() On the same day, the sales contract of this case was certified by the Ministry of Strategy and Finance No. 322 on the same day, including Seocho Law Firm, etc., and the subject matter of this case was a total of 100 square meters (the size of the Plaintiff previously leased and used by the Defendants, plus 40 square meters in the size of the Plaintiff’s leased and used by the Defendants) from among the extended object of this case: KRW 80 million (52.5 million in the amount of KRW 52.5 million in the interest of the extended object of this case, and an intermediate payment of KRW 5 million in the part of KRW 5 million in the interest of the extended object of this case).

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