(영문) 서울남부지방법원 2016.12.01 2016가단21685

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2016.12.01 2016가단21685

건물퇴거

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Real estate recorded in the attached list (hereinafter “the apartment of this case”) is an aggregate building with six floors of exclusive ownership consisting of 116.79 square meters and 64.77 square meters of exclusive ownership. As to the apartment of this case, the registration of ownership preservation was completed by the Plaintiff as the Seoul Southern Southern District Court’s registration office on February 25, 2008 and C shared 40/65 shares and 25/65 shares.

In addition, C completed the provisional registration of the right to claim the transfer of all shares on the same day as the purchase and sale reservation as Seoul Southern District Court No. 28181, April 8, 2008 with respect to the Plaintiff’s share.

B. However, around February 2008, the Plaintiff and C jointly owned 40/65 shares and 25/65 shares, but they concluded a share exchange contract on April 7, 2008, and subsequently shared 25/65 shares and 30/65 shares. The Plaintiff thereafter asserted that the 7th apartment of this case was agreed to own the 6th unit, and C was to own the 6th unit, and that the 6th unit was filed against C, and that the Seoul Southern District Court filed a lawsuit against C for the partition of co-owned property and the return of unjust enrichment (hereinafter “related case”). On April 5, 2016, conciliation was established as follows.

prescribed provisions

1. Of the instant apartments registered in the name of the Plaintiff and C, the part on the sixth floor and the seventh floor are divided into those owned by the Plaintiff respectively.

2. The Plaintiff withdraws the part of the claim for restitution of unjust enrichment among the grounds for the claim of this case, and the Plaintiff files a separate lawsuit to challenge it, and C consents to the withdrawal above.

3. The costs of lawsuit and the costs of mediation shall be borne by each person;

C. Meanwhile, the Defendant entered into a lease contract with C on April 28, 2008 with respect to the entire seven floors of the instant apartment, with a deposit of KRW 120 million, and the term of lease from May 25, 2008 to May 24, 2010 (hereinafter “instant lease contract”), and paid the full amount of the deposit around that time.

유사 판례

-서울남부지방법원 2017.07.20 2016나63116

-서울서부지방법원 2017.05.12 2016나36670

-서울중앙지방법원 2017.02.10 2014가단5094701

-서울중앙지방법원 2016.03.17 2015가단5127660

-의정부지방법원 2018.05.29 2017가단18699