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(영문) 서울고등법원 2015.09.11 2014나57077
대여금
Text

1. Of the part against the defendant in the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below.

Reasons

1. Facts of recognition;

A. The Plaintiff and the network N, etc. 1) The Plaintiff is registered as a person with a brain-dead disability under the Act on Welfare of Persons with Disabilities since the 1980s.

2) On July 11, 2009, G and three other parties jointly inherited the deceased N’s property as a child between N and O (P network N, but the Suwon District Court rendered a judgment of disappearance on June 23, 1987, at the Suwon District Court, on June 23, 1987, on the ground that the life or death of the deceased has expired) and N were living together until the death of the deceased on July 11, 2009.

B. The Defendant’s building 1) The real estate registration injury at the time of 2002, KK at Gunpo-si (hereinafter “K land”).

Since all of the lands to be affixed below are located in the same Dong, the parcel number alone is to be specified.

) The L and M were all owned by the network N (the latter L land was completed on September 6, 2004) and the ownership transfer registration was completed on September 6, 2004.

(2) At the end of 2002, at the time of the real estate registration injury, K was constructed with a double-class neighborhood living facilities of the building area of 98.40 square meters owned by the Plaintiff, and on L and M land, a house of the building area of 90.77 square meters owned by the network N was constructed.

3) On the ground of K on April 2003, after obtaining the consent from the network N for the use of the site, the Defendant constructed two buildings [one building with a building area of 110.14 square meters (hereinafter “instant building”) and one building for the first class neighborhood living facilities of 83.88 square meters in the building area (hereinafter “second class building”) (hereinafter “instant building”)] on the ground of K, the Defendant had three buildings with a total of 292.42 square meters in the building area including one building area on the existing building on the ground of K, but registered as an extension of one building on the ground of real estate registration.

) On May 13, 2003, Co-defendant C of the first instance trial (hereinafter “C”) with respect to the building No. 2 of this case (83.8/292 shares) on May 13, 2003

(2) On July 26, 2004, with respect to the First Building (110.14/292.42 shares) of this case.

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