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(영문) 대구지방법원포항지원 2019.08.20 2018가단3364

부당이득금반환및 공유물분할청구의 소

Text

1. The land listed in paragraph 1 of the attached list shall be put to an auction and the remainder after deducting the auction cost from the price;

Reasons

1. Determination as to the cause of claim

(a) Each of the following facts shall be acknowledged either as a dispute between the parties, or as a whole by taking into account the overall purport of the pleadings in the entries in Gap evidence 1 and Eul evidence 1:

1) ① The land listed in Annex B, L, M, Defendant G, and N in Annex B (hereinafter “instant land”) on June 26, 1997.

(2) On October 31, 1996, B completed the registration of ownership transfer for each of 1/5 shares. (3) On May 16, 2016, Defendant I, J and K completed the registration of ownership transfer for 1/3 shares (i.e., 1/15 shares out of the above land) out of 1/5 shares of each of the above N, and ④ The Plaintiff completed the registration of ownership transfer for 1/5 shares of the above M on July 12, 2017. (5) The registration of ownership transfer for 2/5 shares was completed on April 5, 201. (3) The registration of ownership transfer for 2/5 shares was completed on April 5, 201. (4) The registration of ownership transfer for 2/5 shares for 2/100 shares to C(3/9), D, F (2/9 shares of inheritance) and the registration of ownership transfer for 2/100 shares for 2/196 shares of each of the above N.

3. The Plaintiff and the Defendants did not agree on the division method of the instant land and the building.

B. As such, the Plaintiff, a co-owner of the instant land and building, and the Defendants on the method of dividing the jointly owned property.