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(영문) 서울남부지방법원 2016.03.04 2013가단221057
건물명도
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. D, on July 25, 1996, each of which owns the ownership of Guro-gu Seoul Metropolitan Government and five lots of multi-household houses (1) D, the Guro-gu Seoul Metropolitan Government, which acquired ownership on July 25, 1996, and E-gi 17 square meters (D's transfer of ownership on January 26, 2006), and F, on November 29, 1996, had G large 84 square meters (F's transfer of ownership to F's transfer of ownership on March 31, 2015) unclaimed from Guro-gu, Seoul, and D's husband as the contractor, filed an application for the approval of use with Guro-gu Office to jointly construct the housing site by November 29, 196, under the condition that D's construction is not made in full by November 29, 196.

4) After that, H, adjacent to the said three parcels, was to construct a larger building including K and K, F, G, I, J, and E, which owned a building on Guro-gu, Seoul Metropolitan Government I large scale 73 square meters and J large scale 16 square meters on the ground. Accordingly, the landowner, who is the landowner, is the land owner of D, F, K, G, I, J, and E (hereinafter “instant land”).

(2) On December 20, 1996, the Guro-gu Office accepted the above report on December 23, 1996 on the condition that K would make full payment of the lower price of the land I and J before the approval for use of the building, and H around April 197, multi-household housing (hereinafter “instant building”) with 15 households of the 15th floor and the 4th floor on the ground as indicated in the attached Table.

B) The Defendant completed the construction of the instant building. (B) The Defendant, from H on February 4, 1998, transferred KRW 80 million to L, who was the constructor of the instant building, as the construction cost, to L, who was the constructor of the instant building, the construction cost of the instant building, KRW 50 million.

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