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(영문) 서울중앙지방법원 2011.06.15 2009가단19282
지료
Text

1. The plaintiff

A. Defendant J shall pay KRW 2,565,303 as well as 20% per annum from January 2, 2010 to the date of full payment.

Reasons

1. Basic facts

A. Ten persons, including Nonparty M, N (transfer toO on October 31, 1991), P, Q, R, S, T (Transfer to V through U on October 18, 1990), W, X, Y, etc. are attached Form 10

1. Around May 1990, as owners of 118/1574 shares of each of the respective sites entered (hereinafter “each of the instant sites”), Nonparty AB, the owner of Seocho-gu AA-232 square meters (hereinafter “the instant site”) adjacent to Defendant C, who owned the remainder of 394 square meters of the instant site, agreed to participate in the reconstruction project by providing each of the instant sites as the reconstruction site.

(B) The owner of the above shares and C and AB shall be collectively referred to as the “owner of the shares, etc.”).

On May 30, 1990, his father AC and R entered into a contract for construction works with the non-party AE on behalf of the owner, and on behalf of the owner, AE newly constructs 18 households with the first floor above 1806 square meters above the total area of 4 lots above the ground and the third floor above the ground with its own funds and efforts. Of them, 12 households among them belong to the sectional owners in return for the provision of the site, and the remaining six households owned by AE.

AE entered into an agreement with the above defendant C to sell 105 houses of this case in return for the provision of 394/1574 shares out of each of the lands of this case to the reconstruction site. The entire shares of the above defendant as to the AF site of this case are in its own name, and the entire shares of the above defendant as to the AG site of this case in the name of Nonparty AH, respectively, completed the registration of ownership transfer on July 2, 1990 in the name of Nonparty AH.

AE shall thereafter be subject to the attachment of the size of the first floor and the fourth floor above ground through the change of the design two times thereafter.

2. Following the change into new construction of 19 households in the written tenement house (hereinafter “the instant tenement house”), the ten households among them shall own the share owner, and the remaining nine households shall own the shares of AE, respectively.

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