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(영문) 서울중앙지방법원 2018.01.30 2016가단5304655
손해배상(기) 등
Text

1. The plaintiff's action against the defendant H is dismissed.

2. The Plaintiff:

(a) Defendant B and C jointly KRW 149,695,00;

Reasons

1. Basic facts

A. With respect to the land of Yongsan-gu Seoul Special Metropolitan City, which is one’s own ownership (hereinafter “instant site”), the Seoul Special Metropolitan City concluded a land sales contract with the redevelopment association established by the owners of the buildings who built and resided on the ground of the relevant site, which is established by the owners of the buildings. In accordance with the urban redevelopment plan that took place around 1982, the Seoul Special Metropolitan City concluded a land sales contract with the redevelopment association established by the owners of the buildings who built and resided in the building on the ground of the said site, which provides that the owners of the buildings completed the construction on the condition that the owners of the buildings

The above association constructed L Building which is 20 households of the size of 2nd and 1st underground floor on its ground.

B. The fourth household unit of L building M acquired the ownership of Nho Lake, Pho, Qho, and R, respectively. During the construction process of the above building, two households were constructed on the warehouse and the underground floor where the boiler room was used in the building ledger, and the execution contractor made payment in kind to the construction contractor. The execution contractor once again made payment in kind to the Defendant C, one of its creditors.

C. Defendant C resided in the branch T on October 19, 2005 and sold to Defendant B the share of the site right attached thereto, including the share of the branch T and the share of the site right attached thereto, and Defendant B sold it to the Plaintiff on January 11, 201.

Defendant D sold N on February 6, 2004 to U, and completed the registration of ownership transfer in the future on March 17, 2004.

Defendant F transferred Qho to W, and V transferred this again to W, and WW completed the registration of ownership transfer on December 22, 1998.

E. On October 13, 1999, the registration of ownership transfer was completed against the buyer of the site from Seoul Special Metropolitan City on the instant site. In this case, Defendant D completed the registration on the share of 91.6/2100.8, while Defendant F did not make a registration on the share of 91.65/210.8, which is one’s own share, to QV, the share was transferred to QV, and the share was also transferred.

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