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(영문) 서울중앙지방법원 2015.05.29 2014가단57059
건물명도
Text

1. The Defendants shall deliver to the Plaintiff the real estate indicated in the annexed real estate indication.

2. The Defendants jointly do so.

Reasons

1. Basic facts

A. 8 owners on the ground of the Gangnam-gu Seoul Metropolitan Government FF, G, H, I, and J (hereinafter “KG land”), including E, and 4 owners on the ground of the Gangnam-gu Seoul, M, N, andO (hereinafter “self-owned land”) were to select the above KGra and detached houses on the land of KGra and detached, and to construct a Pdong building (hereinafter “instant Adong building”) and B-dong building (hereinafter “instant B-dong building”) on that ground.

B. On May 12, 200, the KRD owners drafted a written consent for the division of the site on May 12, 200, and around May 2000, set the number of houses, etc. to be occupied after re-building by setting up a comparison table on the size and the shares of each sectional owner.

As a result, E decided to move into 102 of the building A of this case (attached Form No. 102, hereinafter referred to as “instant building”).

C. On May 25, 2001, the Plaintiff purchased shares (100.27/1241.7) in A-dong 102 of this case and KRD land (100.27/1241.7) to be acquired by E through the said reconstruction project. On the same day, the Plaintiff completed the provisional registration with respect to the above shares of land, and completed the registration of transfer of ownership of the above shares on December 30, 2003.

On December 1, 2001, KND owners, including E, concluded a construction contract with respect to the reconstruction of the building of this case.

However, when the annual construction was abandoned due to the tax investigation, etc. around that time, the owners of KRD and detached houses succeeded to the right of construction and the right of sale of annual rent construction by concluding a new construction contract with the corporation on February 19, 2002.

Accordingly, the annual tax Co., Ltd. reconstruction 16 households of the building A of this case and 16 households of the building B of this case and 32 households of this case.

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