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Reasons
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(영문) 서울동부지방법원 2021.01.13 2019가단113001
손해배상(기)
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1. The Defendants jointly share KRW 1,124,200 with respect to the Plaintiff and KRW 5% per annum from April 6, 2019 to January 13, 2021.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the Mapo-gu Seoul Metropolitan Government D 170.8 square meters (hereinafter “D land”) and the building related to the three-story automobile of steel frame and steel reinforced concrete structure (hereinafter “instant building”). Defendant B Co., Ltd. (hereinafter “B”) newly built the owner’s interest of the Mapo-gu Seoul Mapo-gu E-gu 640.4 square meters (hereinafter “E land”) adjacent to the instant real estate, and Defendant C Co., Ltd. (hereinafter “C”) is the owner of the instant land and the construction of an officetel from Defendant B.

B. From April 2017 to April 28, 2017, there was a building related to the 112/260 shares, G shared the share of 148/260 shares, and G shared the share of 148/260 shares, and Defendant B acquired the shares of the instant building in sequence on February 24, 2016 (State) and September 28, 2016. After the part of the building on the E’s land was destroyed on April 28, 2017, the Plaintiff acquired the shares of 148/260 shares of the instant building on the ground of donation on May 18, 2017.

(c)

On the other hand, in constructing officetels on the land of H (State) H, the Plaintiff entered into a contract for the change of the registry and registration of D building with I on January 28, 2016 (State). On the same day, the Plaintiff agreed to the registration of the division of D and H, and agreed to pay all the expenses, including design station costs, to be paid in full (State) H. On June 23, 2016, and agreed to remove E-owned buildings on September 28, 2016.

(d)

On November 15, 2016, Defendant B entered into the procedure for removing the E-ground building portion of the instant building and arranging the shares owned by the Plaintiff as a sole owner of the instant building, Defendant B agreed to register the instant building solely on the basis of the size on the certified copy of the registry, but to bear all necessary expenses.

E. The Defendants are above ground 12 floors of concrete structures of steel reinforced concrete structure (officetel).

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