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(영문) 서울동부지방법원 2017.05.12 2016가합224

공유물분할 등

Text

1. On October 12, 2016, the Defendant: (a) on each of the real estates listed in the separate sheet from the Plaintiff; (b) on each of the real estates listed in the separate sheet.

Reasons

1. Basic facts

A. Ownership of each real estate listed in the separate sheet 1) The real estate listed in paragraphs 1 and 2 of the separate sheet 1 (hereinafter “instant land”).

(2) On May 7, 1997, the registration of ownership transfer was completed on April 1, 1997 with respect to each of the first /2 shares to the original Defendant. 2) On the land of this case, the real estate listed in paragraph (3) of the attached Table (hereinafter “instant building”) was newly constructed on the land of this case, and the registration of ownership preservation was completed on August 7, 1998 under the name of the original Defendant with respect to each of the first 1/2 shares under the name of the original Defendant.

B. 1) A company is a personal company established for the purpose of manufacturing metal machinery and parts on July 1, 1976, and D company was registered under the name of the original defendant from May 8, 1999 to the original defendant's joint name. 2) The plaintiff filed a registration of ownership transfer against the defendant on April 24, 2010, against the defendant on April 7, 198, for which the registration of ownership transfer was completed under the name of the defendant on April 7, 198, and for the second floor of the above land (hereinafter "F", "G"), the registration of ownership transfer was completed under the name of the defendant on January 6, 1996, with respect to the above land's neighborhood living facilities (hereinafter "H"), the second floor of the above land, the registration of ownership transfer of which was completed under the name of the defendant on January 6, 199, on the ground that the plaintiff was under title trust to the defendant, and that the registration of ownership transfer was filed under the name of the defendant's preliminary "H company."

3) On September 2, 2011, the first instance court (Seoul Eastern District Court 2010Gahap7117) declared a judgment that accepted the Plaintiff’s claim for title trust on September 2, 201, but the appellate court (Seoul High Court 201Na73320) operated the D Company as a partnership business since June 20, 201, and H consists of the original Defendant.