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(영문) 서울중앙지방법원 2017.06.09 2016가합12514
대지권경정등기
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. The plaintiff is the husband of C, and the defendant is C's words.

B. On August 8, 2007, the Plaintiff purchased KRW 650,000,000 for the purchase price of KRW 650,000,00 for D and its ground buildings in Seoul Special Metropolitan City (hereinafter “D”) and completed the registration of ownership transfer on October 9, 2007. The Defendant completed the registration of ownership transfer on March 22, 2008 by purchasing KRW 1,030,00,000 for the price for each of the above lands and building connected to the south of D and completing the E-gi 201.7 square meters connected to the road on March 26, 2008 (hereinafter “E land”); and completing the registration of ownership transfer on July 22, 2008.

C. On October 2009, the Plaintiff and the Defendant agreed to remove all existing buildings on each of the instant land and newly construct multi-household houses on the same place.

(hereinafter referred to as the “instant arrangement”). Construction works shall be jointly contracted and executed, and related expenses, such as construction cost and design and supervision cost, shall be borne by 50% per each party.

The profit from sale after completion shall be distributed at the ratio of 50% by the plaintiff and the defendant respectively.

Other taxes and public charges shall be borne by 50% each.

On November 23, 2009, the Vietnames Integrated Construction Co., Ltd. (hereinafter “VS Integrated Construction”) contracted with the Plaintiff and the Defendant for the construction of the said multi-household house, and completed the F Building A (hereinafter “Adong”) and B Dong (hereinafter “B Dong”) on June 28, 2010, respectively.

A Dong composed of six generations (Nos. 201, 202, 301, 302, 401, and 501) is constructed on land E and D land, and a total of eight households (Nos. 201, 202, 301, 302, 401, 402, 501, 502) is constructed on land D.

E. As to the entire portion of each of the instant buildings, the co-owners were the Plaintiff (shares 240.3/442) and the Defendant (Shares 201.7/442), and each registration of ownership preservation was completed on July 8, 2010 by the Seoul Central District Court No. 23728, respectively.

(f) July 8, 2010.

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