logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2014.09.05 2014나6566
구상금등
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The building No. 101-2 of the building E (hereinafter “instant commercial building”) purchased by Defendant C and completed the registration of ownership transfer on December 14, 2007. Meanwhile, five persons, including F, etc., completed the registration of ownership transfer on December 31, 1996.

B. On January 24, 2011, the Plaintiffs concluded a sales contract with Defendant D who represented Defendant C to purchase the instant commercial building at KRW 50 million, and completed the registration of ownership transfer in their names on February 16, 201.

C. However, around December 19, 2011, F filed a lawsuit against the Plaintiffs on the ground that the boundary wall of the instant commercial building was invaded by 3.53 square meters among the E-building 101-1 commercial buildings owned by oneself, and around December 19, 2011, F filed a lawsuit seeking to transfer the part of the instant commercial building (U.S. District Court 201Ga67507). As a result of the survey and appraisal in the said lawsuit, it was clearly found that the boundary wall of the instant commercial building was against approximately 2.45 square meters among the E building 101-1 commercial buildings.

On June 14, 2012, the Plaintiffs adjusted to the effect that “The Plaintiffs jointly and severally pay F one million won to F by July 31, 2012. ② The Plaintiffs and F confirm that they have ownership to F and their co-owners with respect to the above part of the crime, and the Plaintiffs do not assert the completion of the prescription for acquisition of possession against F.F. ③ The Plaintiffs paid F the money calculated at the ratio of KRW 60,000 per month from July 1, 2012 to F’s E-building 101-1 or from the date of loss of ownership to the date of loss of ownership of the instant commercial building.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 4, 6, 7, 10, 11, and Eul evidence Nos. 1 through 4 (including all the serial numbers), video, and the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the plaintiffs' assertion.

arrow