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(영문) 수원지방법원안산지원 2016.08.24 2015가단111532

공유물분할

Text

1. The plaintiff (Appointed)'s claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. The following facts may be acknowledged in light of the purport of the entire pleadings in the statement No. 1 of the basic facts, and there is no counter-proof.

Around September 21, 2004, the Plaintiff jointly owned the shares of 60.8705/6313.3 shares, 60.3 shares, 46.8705/6313 shares, 46.3 shares, 72.89/6313 shares, 72.89/6313 shares, 279/63.3 shares, 279.951/6313 shares, 63.3 shares, 67.4204/6313 shares, 63.3 shares, 67.4/6313 shares, 63.3 shares, and 65/685/39.3 shares of the Defendant Real Industry Co., Ltd. (hereinafter “Defendant Real Industry”).

B. However, due to the public sale on June 8, 2012, the ownership transfer registration was completed on June 14, 2012 in the name of the non-party real estate investment strategy research institute corporation (hereinafter “real estate investment strategy research institute”) (hereinafter “real estate investment strategy research institute”), and the ownership transfer registration was completed on January 7, 2016.

C. Furthermore, on April 18, 2006, the above co-ownership share of New Technology Co., Ltd. (hereinafter “Defendant Co., Ltd.”) was completed in the name of the corporation on July 15, 201, and the name of the corporation was changed from the name of “Acrox Co., Ltd.” (hereinafter “Defendant Co., Ltd”).

2. The parties' assertion

A. The Plaintiff filed a claim for partition of co-owned property with the Plaintiff, co-owners of the instant real property, but there was no agreement with the Defendants as to partition of co-owned property. The division of the instant real property in kind with the area corresponding to the ratio of shares between the Plaintiff and the designated parties is not allowed under administrative laws and regulations as to the size of the partitioned land. Thus, the instant real property, which is co-owned