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(영문) 서울중앙지방법원 2018.04.20 2017나57747
점포명도 등
Text

1.The request for intervention by an independent party intervenor whose claim has been modified in exchange in this Court shall be dismissed;

2...

Reasons

1. Basic facts

A. (1) On December 10, 1972, the Plaintiff built a new building in front of the indication of the attached real estate on the land adjacent to the instant land jointly with the owner of the neighboring land, which is the owner of H large 104.1 square meters (hereinafter “instant land”).

(2) On July 1, 1975, the co-newers of the Plaintiff et al. agreed to own a certain part of the newly constructed building in proportion to the size of the site owned by each party after the survey, and agreed to own that part of the building, which was confirmed as owned by the Plaintiff, is the lower part of the indication

(3) The registration of ownership preservation has not been completed until now on the ground that the instant building, etc. was constructed differently from the details of the construction permit.

B. On June 7, 1975, the Plaintiff issued a promissory note with a face value of KRW 20 million to S with the status that the principal and interest of S with respect to the instant land reaches KRW 16,55,000, and on June 11, 1975, the Plaintiff agreed to complete the registration of the establishment of the instant building upon the completion of the registration of the establishment of a neighboring mortgage in S with the completion of the registration of the establishment of the instant land. As the Plaintiff failed to repay his obligations to S, U, V, etc., the Plaintiff filed an application for a compulsory auction on the instant land, and S also filed an application for a voluntary auction on the instant land.

(2) On February 24, 1976, the Plaintiff entered into a sales contract with S to sell the instant land and building at KRW 46 million. The Plaintiff calculated the Plaintiff’s obligation to S with the purchase price and appropriated it to the purchase price. The Plaintiff’s obligation to U and V as to KRW 25 million and KRW 1 million, the Plaintiff’s obligation to refund the lease deposit to the instant building, the amount of KRW 17 million, and the amount of the sales price to be paid by S with the acquisition of the Plaintiff’s obligation to pay KRW 1,00,000,000,000,000,000,000,000,000. The above sales price

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