beta
(영문) 서울중앙지방법원 2019.01.10 2016가단5182596

공유물분할

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 20, 2005, the Plaintiff: (a) purchased 225/676 shares among the lands listed in paragraph (1) of the attached Table No. 1 and the lands listed in paragraph (2) of the attached Table No. 2 of the attached Table No. 3; (b) purchased 360/1080 shares among the lands listed in paragraph (2) of the attached Table No. 1 of the attached Table No. 3; and (c) completed the registration of ownership transfer and ownership transfer on April 28, 2005; and (c) purchased 360/1080 shares among the lands listed in paragraph (2) of the attached Table No. 2 of the attached Table No. 360/10 on June 11, 2010.

As a result, the Plaintiff currently owns the entire land in the attached Table No. 1, 720/1080 of the land in the attached Table No. 2, and 225/676 of the land in the attached Table No. 3. 3.

B. On September 29, 2003, E, the representative director of the Defendant Company, purchased F factory site of 1,475 square meters and G factory site of 3,910 square meters and H factory site of 2,071 square meters adjacent to the land listed in paragraph (1) of the attached Table, and completed each registration of ownership transfer on January 2, 2004. On March 1, 2005, E purchased 360/1080 shares among the land listed in paragraph (2) of the attached Table from D and 225/676 shares among the land listed in paragraph (3) of the attached Table No. 3 of the attached Table, and completed the registration of ownership transfer from D on May 24, 2005, 360/1080 shares among the land listed in paragraph (2) of the attached Table and 226/6780 shares among the land listed in paragraph (3) of the attached Table, and completed the registration of ownership transfer from D to the Plaintiff during each procedure of 3610.

As a result, E dies on October 11, 2013 while holding 360/1080 shares of the entire land of F, G, H, and 360/10 of the land listed in attached Table No. 2 of the attached Table No. 3, and 451/676 shares of the land listed in attached Table No. 3 of the attached Table, and current land is owned by I, a spouse of E and a director of the defendant company, by inheritance.

C. On November 26, 2003, the Defendant Company obtained approval for the establishment of a new factory from Leecheon-si, and on December 2003, the above three parcels of land F, G, and H are below.