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(영문) 서울남부지방법원 2016.12.23 2016가합105979
지상권설정등기
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. On the ground of Mapo-gu Seoul, Seoul, there was multi-household housing where S et al. reside, and there was multi-household housing where U et al. reside on the ground of Mapo-gu Seoul, Seoul, but the above multi-household housing residents, including S et al., decided to remove the above multi-household housing and build the apartment. On October 14, 2002, the aforementioned multi-household housing residents, including S et al., obtained a building permit from the head of Mapo-gu Seoul, and obtained a building permit from the head of Seoul, Mapo-gu. On June 29, 2003, the building of multi-household housing with steel structure with the size of 6th above the ground level on the above site (hereinafter

B. On May 10, 2004, S and 14 other than S entered into a rebuilding contract with the content that they will acquire the remainder of the household in lieu of the construction cost by newly constructing an apartment with a loan of KRW 2.58 billion in the construction cost (hereinafter “the apartment of this case”).

C. Since then, only some residents, including S, V, and W, intend to continue a reconstruction project, four persons, including V and W, acquired a divided X site from the said T site on June 23, 2004. On June 29, 2004, the Down case acquired two co-owners of the said X site except S, with the exception of S, the share of co-owners of the said R, and V and W, completed the registration of ownership transfer on the same day, and completed the registration of ownership transfer from W. On the same day, the Y site adjoining each of the above sites was purchased from W.

Due to financial problems, the apartment construction of this case did not properly progress, and the defendant N agreed to settle the construction cost by finishing the remaining construction work with the defendant N who was in charge of the construction of the stone facility of the apartment of this case, and the defendant N is himself and S on May 24, 2004.

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