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(영문) 서울동부지방법원 2016.07.19 2014가합3243

공유물분할

Text

1. Of each real estate listed in the separate sheet, the annexed reference map (2) Nos. 1, 2, 14, 15, 5, 10, 9, 8, and 1 are successively connected.

Reasons

1. Basic facts

A. As to each real estate listed in the separate sheet (hereinafter “instant real estate”), the Plaintiff owns 1/4 shares, 3/16 shares, 3/16 shares, 1/16 shares, 1/16 shares, 1/16 shares, 1/8 shares, and 1/8 shares, respectively.

B. The Plaintiff completed the registration of transfer of ownership as to the instant real estate under Article 3785 on January 21, 1997 due to the termination of the trust as of July 6, 1996. Defendant G and H purchased the shares of each real estate listed in the separate sheet from Defendant B on February 6, 2015, and completed the registration of transfer of ownership as to each 1/8 shares as of February 12, 2015, under Article 10713 of the Song-dong Seoul East District Court’s receipt of the Songpa District Court’s receipt of the registration office on February 12, 2015.

C. On the ground of the instant real estate, the residential facilities and housing units of the first and second floor above the ground (hereinafter “instant building”) are located, and the instant building owns each of the following: (a) Defendant C’s 254.2725/12 shares; (b) Defendant D’s 339.03/12 shares; (c) Defendant E’s 84.7575/13 shares; and (d) Defendant G and H own 339.03/12 shares, respectively.

The Plaintiff and the Defendants did not reach an agreement on the method of dividing the land of this case by the date of closing the argument of this case.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2 (including each number), the purport of the whole pleadings

2. Determination

A. Defendant G and H alleged to the effect that the Plaintiff is a right holder of the instant real estate and is not a co-owner of the instant real estate, but there is no evidence to acknowledge the fact that the Plaintiff was acting as the owner by paying taxes on the instant real estate, actively filing a lawsuit, according to the respective descriptions of evidence Nos. 3 and 4 (including the serial number).

B. According to the facts of the above recognition of the method of division, the Plaintiff, a co-owner of the instant real estate, is another co-owner.