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(영문) 서울서부지방법원 2017.08.31 2016가단14099
퇴거등
Text

1. The plaintiffs' primary and conjunctive claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The term “H lending” of the size of 109.23 square meters, 2 stories, 109.23 square meters, 109.23 square meters, 2 stories, and 109.23 square meters on land in Mapo-gu Seoul Metropolitan Government is an aggregate building (hereinafter referred to as the “instant aggregate building”), and is divided into No. 101 (50.85 square meters in the area of electric utility section, 49.08 square meters in the area of electric utility section, and Defendant E-ownership), No. 201 (5.85 square meters in the area of electric utility section, 50.8 square meters in the area of electric utility section, and 49.08 square meters in the area of electric utility section, and owned by Plaintiff C), No. 1 (50.85 square meters in the area of electric utility section, and Plaintiff D ownership) and No. 2 (408 square meters in the area of electric utility section, and Defendant F-owned ownership) of underground floor.

The Plaintiffs and the Defendants are sectional owners of the instant condominium buildings.

B. From October 2014, the Plaintiffs and the Defendants agreed to discuss the reconstruction of the instant aggregate building from around October 2014, and around March 2015, the following agreed to newly construct a building consisting of eight household underground living facilities, the housing owned by each sectional owner, the neighborhood living facilities owned by the Defendant E, and the housing portion is used as a church, and the total construction cost is divided into six households, and the church portion is divided into six households, the building cost is borne by the Defendant E, and the remainder of the sectional owners are provided with a certain amount of construction cost.

C. On July 11, 2015, the Plaintiffs and the Defendants invested KRW 6,00,000 in each of the 6,000 won and entered into a building design supervision service contract with KRW 22,00,000, and around that time, Defendant E as the representative, Defendant F as the general manager, and Defendant F as the general manager. On October 21, 2015, the Plaintiffs purchased KRW 4,657,900 from Mapo-gu Seoul, Seoul, which is necessary for building permission (hereinafter “I land”) for KRW 4,657,90,00, and the preparation procedures for reconstruction, such as completing the registration of ownership transfer in the future of Defendant E on October 23, 2015.

The Plaintiffs and the Defendants removed the instant aggregate building on December 1, 2015 and their removal.

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