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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Before June 192, Ulsan-gu C Apartment (hereinafter “instant apartment”) was completed, the claims and obligations relationship with respect to the site was not arranged, as multiple provisional seizures, provisional disposition registrations, and the establishment registration of the neighboring mortgage with respect to some portion of the site were completed. Thus, the sale and occupancy began without a pre-use inspection without a pre-use inspection.
B. On June 8, 2007, the Defendant purchased the instant apartment No. 103 Dong 110 (hereinafter “instant apartment”) from D and completed the registration of ownership transfer in the name of the Defendant on the same day.
C. On March 24, 2008, occupants of the instant apartment including the Defendant filed a lawsuit against the owner of the instant apartment on the ground that they were appointed parties E, claiming for the implementation of the registration procedure for the transfer of shares in the instant apartment site, the payment of repair of defects and consolation money. On October 31, 2012, the Seoul District Court 2008Gahap1961 decided on October 31, 2012, the owner of each apartment site completed the registration procedure for the transfer of shares in the site of the instant apartment site to the occupants, and at the same time the owner of each apartment site completed the registration procedure for the transfer of shares in each of the instant apartment site and paid 5,00,000 won (one-2 shares owners) as consolation money for mental damage suffered by the occupants due to their failure to properly inspect the usage of the instant apartment site, transfer registration,
In the appellate court of the case described in the above paragraph (c) of the case (Seoul High Court 2012Na10058), the owner of the building shall deposit KRW 1,920,673 each of the following to the designated parties, after implementing the procedure for the registration of transfer of shares in the site of each of the apartment buildings of this case and paying KRW 2,600,000 (former 1/2 equity owners) as consolation money (the half of the share owners), which became final and conclusive August 2, 2013 (hereinafter “the decision of recommending reconciliation of this case”), and E shall receive the above decision from the owner of the building and deducting the attorney’s fees, etc. from the owner of the building.