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(영문) 서울고등법원 2017.07.13 2017나874
분담금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning for this part of the lower court’s reasoning is as stated in paragraph (1) of the first instance judgment, except for deletion of “the Plaintiff” at the lower part of the second part of the judgment of the first instance, and therefore, this part of the facts are cited in accordance with the main sentence of Article 420 of the

2. Judgment on the plaintiff's claim

A. On September 2014, the Plaintiff asserted that the instant apartment reconstruction construction was contracted by the co-owner of the instant apartment building and completed the instant construction work by way of a final shares ratio.

As one of the co-owners of this case, the defendant who acquired apartment Nos. 201 of this case shall pay to the plaintiff 719,826,400 won (loan Nos. 303,200,000 won, interest on the above loan Nos. 43,024,00 won, contribution of KRW 260,000 won, moving expenses of KRW 100,000,000, financial service expenses of KRW 7,142,000, and preservation registration expenses of KRW 669,000 up to now.

Therefore, the remainder of the settlement amount of KRW 50,826,400 (=719,826,400 - 669 billion) and damages for delay are claimed.

B. Therefore, as to whether the Defendant’s settlement amount to be paid to the Plaintiff exceeds KRW 669 million, which the Plaintiff received from the Defendant, the evidence submitted by the Plaintiff alone is insufficient to accept such amount, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s above assertion is without merit.

(3) The plaintiff's claim of this case is dismissed on the ground that the lawsuit of this case filed only by the plaintiff is unlawful on the ground that the plaintiff is a joint project proprietor who is in a partnership relationship under the Civil Act, but the submitted evidence alone is insufficient to recognize that the plaintiff and the plaintiff are in a partnership relationship). In conclusion, the plaintiff's claim of this case is dismissed on the ground that the plaintiff's claim of this case is without merit, and the judgment of the court of first instance is dismissed and unfair, but this case has been tried to the extent that it can be judged on the merits of this case.

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