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(영문) 서울동부지방법원 2015.04.15 2014나3506
손해배상
Text

1. Of the judgment of the court of first instance, the part against the defendant against the plaintiff B and C shall be revoked and the primary and conjunctive part of the judgment against the plaintiff B and C.

Reasons

1. Basic facts

(a) Seoul Songpa-gu G, H, I, J, K, K, L, F, M, and Y land (hereinafter “instant site”) in Songpa-gu, Seoul, H, I, J, K, K, M, and Y

) N,O, P, Q, R, and the Defendant, the owner of the above land, removed the above-ground housing around 1991, and one apartment unit with the 19th underground floor and the 19th floor above the ground (hereinafter “the apartment unit of this case”).

(2) On June 17, 1992, the owner of the instant site decided to newly construct the instant apartment. At the time, the name of the owner was N,O, P, Q, R, R, S, and Z (the name of the owner of the instant apartment is indicated as the owner of the instant apartment among the owners of the instant land).

The name of the owner of the Z was changed in the name of the defendant on June 19, 195, and it was changed in the name of W on April 19, 1996 and E on December 11, 1996, respectively, and changed in the name of X on April 12, 1999.

3) The instant apartment building was actually completed around October 1995 and remains unbuilt due to disputes between the owner and the construction business operator around May 24, 1999. After that, on or around June 1, 1999, registration of preservation of ownership was completed for 1/7 shares of each of the 19 households of the instant apartment in the name of N,O, P, Q, R, S, and X, the owner at the time of approval for use on or around June 1, 1999.

2. However, the Industrial Bank of Korea filed a loan claim and a fraudulent act revocation lawsuit against the Defendant and W’s heir E, etc. by Seoul Eastern District Court 96Gahap13437, and concluded a sales contract between the Defendant and W on November 21, 1996 on the instant land.

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