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(영문) 서울중앙지방법원 2017.09.20 2016가합508480
공유물분할
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. A new comprehensive financial company (former trade name: New Investment Finance Co., Ltd.; hereinafter “New Investment Finance Co., Ltd.”) holding land of Gangnam-gu Seoul Metropolitan Government, D, E, F, and G’s Joint Building Project Agreement, and Gyeongnam Co., Ltd. (hereinafter “Gyeongnam”) holding H and I’s land (hereinafter “Seoul”) were to construct a new office building on each of the above lands around 1994, and construction works are to be executed by Gyeongnam Co., Ltd. (hereinafter “Seoul”) with a view to a joint construction project with a content that will be performed by Gyeongnam Co., Ltd. on each of the above lands.

After that, on August 16, 1994, in order to participate in the Do-do project owned by Gangnam-gu Seoul, Seoul, the project was agreed to promote the project (hereinafter “instant project”) of constructing 00 building on the ground level 6 underground floors and 20 floors above the ground level 20 floors above each of the above land owned by Gyeongnam-gu, Gyeongnam-gu, and Gyeongnam-gu, respectively (hereinafter “instant land”).

The new Franchi, Gyeongnam and B obtained a building permit for the instant building from the head of Gangnam-gu Office around 1996, and thereafter, on October 1, 1996, the final agreement was reached as follows with respect to the instant project:

(1) The value of land owned by Gyeongnam Company shall be 6.7 billion won, the value of land owned by 3.3 billion won, the value of land owned by 3.3 billion won, the value of land owned by Gyeongnam Company shall be 34.49 billion won, and the value of land owned by Gyeong

(2) The cost required for a joint project shall be apportioned according to the investment ratio (22.287%, B8.476%, 69.237%, and 69.237%, as stated in the basic plan) set forth in the basic plan, and the remainder of the cost, excluding the value of land, shall be apportioned according to the ratio of the construction cost at the time of entry (27.127%, B9.145%, and 63.728% of the new amount).

(3) The size of a building shall be distributed to South enterprises: 3,485 square meters; B 1,325.48 square meters; 9,024.52 square meters; 18,19,200 square meters; 20 square meters, from the first floor to the upper floor; and 3,000 square meters, from the second floor to B.

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